Allahabad High Court

AVINASH MISRAversusTHE STATE OF U.P.THROUGH THE SECY EDUCATION MADHYAMIK

Decided: 3 April 2026
Disposal: Disposed off/Decided on merits
Bench: IRSHAD ALI

Holding

The writ petition is dismissed as infructuous due to the petitioner's non‑appearance and the lapse of time.

Summary

Avinash Misra filed Writ Petition No. 6628 of 2004 before the Allahabad High Court seeking relief against the State of U.P. through the Secretary of Education. The petitioner failed to appear at the hearing while the respondent's counsel was present. The court observed that the petition had become old and, due to the petitioner's non‑appearance, had become infructuous by the efflux of time. Consequently, the writ petition was dismissed as infructuous and any interim order was vacated. The court, however, indicated that if the petitioner appears within a reasonable time, the matter may be recalled for consideration on merits.

Issues considered

What is the appropriate consequence when a petitioner fails to appear and the writ petition becomes stale?

Subjects

writ petition
dismissal
infructuous
delay
non-appearance
high court

Judgment

                                     Court No. - 5

                                     Case :- WRIT - A No. - 6628 of 2004

                                     Petitioner :- Avinash Misra
                                     Respondent :- The State Of U.P.Through The Secy Education
                                     Madhyamik
                                     Counsel for Petitioner :- Pt.S.Chandra,Shishir Chandra
                                     Counsel for Respondent :- C.S.C.

                                     Hon'ble Shekhar Kumar Yadav,J.

                                     List has been revised. No one has appeared for the petitioner
                                     while Sri Rakesh Bajpai, learned Additional Chief Standing
                                     counsel is present.

                                     It seems that the petitioner is not interested in pursuing the
                                     matter. Matter is quit old. The matter appears to have become
                                     infructous by efflux of time.

                                     The writ petition is accordingly dismissed as infructuous.

                                     Interim order, if any, stands vacated.

                                     It is however, made clear that if the petitioner appears before
                                     the Court within a reasonable time to get the matter recalled to
                                     be considered on merits, his prayer would be considered
                                     favourably.

                                     Order Date :- 26.9.2022
                                     A.




Digitally signed by AFAQ AHMAD
Date: 2022.09.26 13:35:27 IST
Reason:
Location: High Court of Judicature
at Allahabad, Lucknow Bench

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