Allahabad High Court
SUBODH KUMAR AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition is dismissed as infructuous.
Summary
The petitioners filed a writ petition (Writ‑A No. 7446 of 2021) in the Allahabad High Court, which remained pending since 2021. The court issued a notice directing that all old cases up to 2022 be taken up and that non‑appearance could lead to dismissal as infructuous. The petitioners' counsel did not appear and the case was not marked to show that a cause of action still existed. The court held that the petition appeared to have lost its relevance and therefore dismissed it as infructuous. The court further indicated that the petitioners could file a recall or restoration application if any cause of action still survives.
Issues considered
- Whether a writ petition pending for an extended period can be dismissed as infructuous due to non‑appearance of counsel and lack of indication that the cause of action survives.
Subjects
- writ petition
- infructuous dismissal
- non‑appearance
- cause of action
- procedural law
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 7446 of 2021
Subodh Kumar And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prabhakar Awasthi, Radha Kant Ojha
(Senior Adv), Rakesh Kumar Mishra,
Sanjay Kumar Dubey, Sudheer Rana,
Vikram Bahadur Singh
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 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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