Allahabad High Court
MEENAKSHI AND 7 OTHERSversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition is dismissed as infructuous due to non‑appearance and lack of indication that the cause of action survives.
Summary
The petitioners filed a writ petition (Writ‑A No. 7260 of 2022) in the Allahabad High Court, which has remained pending since 2022. The court issued a notice directing that all old cases up to 2022 be heard in the first round and that non‑appearance could lead to dismissal as infructuous. Neither the petitioners’ counsel appeared nor was the case marked to show that a cause of action still existed. Consequently, the court held that the petition had become infructuous and dismissed it. The judgment further allowed the petitioners to file a recall or restoration application if any cause of action still survives.
Issues considered
- What is the appropriate consequence when a petitioner fails to appear and does not indicate that a cause of action survives in a pending writ petition?
Subjects
- writ petition
- infructuous
- non‑appearance
- cause of action
- case management
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 7260 of 2022
Meenakshi And 7 Others
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Krishna Mohan Ojha
Counsel for Respondent(s) : C.S.C., Pradeep Singh Sengar
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 2022. 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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