Allahabad High Court
CHANCHAL SINGH AND 10 OTHERSversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
A writ petition is dismissible as infructuous when the petitioner fails to appear and does not mark the case as having a surviving cause of action.
Summary
The petitioners filed a writ petition (Writ‑A No. 6280 of 2021) in the Allahabad High Court seeking relief against the State of U.P. and others. The matter was listed as an old pending case and a notice was issued that any such case not marked as surviving or not appearing would be dismissed as infructuous. Neither the petitioners’ counsel appeared nor was the petition marked to indicate that the cause of action still existed. The Court observed that the petition had been pending since 2021 and inferred that the petitioners had either lost interest or the petition had become infructuous. Consequently, the Court dismissed the writ petition as infructuous, while allowing the petitioners to file a recall or restoration application if a cause of action still subsists.
Issues considered
- Whether a writ petition may be dismissed as infructuous on account of non‑appearance of counsel and lack of indication that the cause of action survives
Subjects
- infructuous
- writ petition
- non‑appearance
- cause of action
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6280 of 2021
Chanchal Singh And 10 Others
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Man Bahadur Singh
Counsel for Respondent(s) : C.S.C., Dhananjay Awasthi, Yatindra
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Case is called out. None appears for the parties.
The case is listed in the category of oldest pending cases in the cause list, for
priority hearing.
A notice has been placed on the notice board specifically, mentioning that
"old cases up to the year 2022 shall be taken up in the first round itself. In
case of non-appearance, matter shall be dismissed as infructuous or
otherwise, and in the cases, where the cause of action still survives, the
concerned advocates are expected to mark them accordingly in the cause list.
Failure to do so, may result in its dismissal as infructuous" but, neither the
counsel for the petitioners has appeared nor has the case been marked to
indicate that the cause of action still survives.
Record shows that the matter is pending since the year 2021. It appears that
either the petitioners has lost interest in pursuing the matter or it has become
infructuous.
Accordingly, the writ petition is dismissed as infructuous.
Needless to say that the petitioners shall be at liberty to file recall/restoration
application in case any cause of action still survives.
March 18, 2026
Vinod.
(Mrs. Manju Rani Chauhan, J.)
Digitally signed by :-
VINOD KUMAR JAISWAL
High Court of Judicature at Allahabad
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