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Allahabad High Court

MANJU SINGHversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as infructuous.

Summary

The writ petition filed by Manju Singh against the State of U.P. and others was listed for hearing but the petitioner’s counsel did not appear. The case was categorized as likely to have become infructuous due to the passage of time since its filing in 2015. A notice required parties to indicate whether the cause of action still survived, which was not done. The court observed that the petitioner either lost interest or the petition had become infructuous. Consequently, the court dismissed the writ petition as infructuous.

Issues considered

  • Whether the writ petition filed in 2015 is infructuous due to non-appearance of counsel and lapse of time
  • Whether the court can dismiss the petition on the ground of infructuity

Subjects

  • writ petition
  • infructuous
  • non-appearance
  • procedural dismissal
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - A No. - 68414 of 2015

                                    Manju Singh
                                                                                            .....Petitioner(s)
                                                                     Versus

                                    State Of U.P. And 2 Others
                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)     : Arvind Kumar Singh, Pramod Kumar
                                                                    Dwivedi, Saroj Kumar Yadav, Surya
                                                                    Bhan Singh
                                    Counsel for Respondent(s)     : Ashok Kumar Singh, C.S.C.

                                    Court No. - 52
                                                 HON'BLE MRS. MANJU RANI CHAUHAN, J.

                                    Case is called out. None appears for the petitioner(s) to press this
                                    petition.
                                    It is listed in the category of "writs likely to have become infructuous
                                    (Efflux of Time)".
                                    A notice is also placed in the cause list 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 petitioner(s) has
                                    appeared nor has the case been marked to indicate that the cause of
                                    action still survives.
                                    The matter is pending since the year 2015. It appears that either the
                                    petitioner(s) has/have lost interest in pursuing the matter or it has
                                    become infructuous.
                                    Accordingly, the writ petition is dismissed as infructuous.


                                                                              (Mrs. Manju Rani Chauhan,J.)
                                    September 8, 2026
                                    Rahul.




Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad


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