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Allahabad High Court

WAHIDversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition was dismissed as infructuous due to the petitioner’s non‑appearance and failure to show that the cause of action survived.

Summary

The petitioner filed a writ petition in 2020 seeking relief against the State of Uttar Pradesh and others. The case remained pending for several years and no counsel appeared for the petitioner at the scheduled hearing. The court had issued a notice that old cases up to 2022 would be heard and dismissed as infructuous if the parties failed to appear or indicate that the cause of action survived. Since the petitioner’s counsel neither appeared nor marked the case as surviving, the court held that the petition had become infructuous. Consequently, the writ petition was dismissed, with the court noting that the petitioner could file a recall or restoration application if a cause of action still exists.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear and does not indicate that the cause of action survives in a pending writ petition?

Subjects

  • writ petition
  • infructuous
  • non‑appearance
  • pending case
  • restoration application

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                            WRIT - A No. - 6903 of 2020

                                    Wahid
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    State Of U.P. And 3 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)         : Manoj Kumar Maurya, Rajesh Kumar
                                                                        Dubey
                                    Counsel for Respondent(s)         : C.S.C.

                                    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 petitioner 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 2020. It appears that
                                    either the petitioner 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 petitioner 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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