Allahabad High Court

NAND KISHORE GAURversusSTATE OF U.P. AND 3 OTHERS

Decided: 8 September 2026
Bench: MANJU RANI CHAUHAN

Holding

The writ petition is dismissed as infructuous.

Summary

The petitioner, Nand Kishore Gaur, filed Writ A No. 7575 of 2019 before the Allahabad High Court seeking relief against the State of U.P. and others. The petition remained pending since 2019 and the petitioner’s counsel failed to appear for the hearing. The court noted a procedural notice that old cases up to 2022 would be dismissed as infructuous if the cause of action no longer survived or if there was non‑appearance. Since the petitioner did not appear and did not indicate that the cause of action still existed, the court held the petition to be infructuous. Consequently, the writ petition was dismissed.

Issues considered

What is the appropriate disposition of a writ petition that has remained pending for several years without the petitioner’s appearance and with no indication that the cause of action survives?

Subjects

writ petition
infructuous
non‑appearance
procedural dismissal
cause of action

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                              WRIT - A No. - 7575 of 2019

                                    Nand Kishore Gaur
                                                                                                    .....Petitioner(s)
                                                                         Versus

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

                                    Counsel for Petitioner(s)         : Gopal Krishna Pandey, Heramb Kumar,
                                                                        Vinod Kumar Singh
                                    Counsel for Respondent(s)         : C.S.C., Sanjay Kumar

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

                                    Case is called out. None appears for the petitioner 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, matters 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. Failures to do so,
                                    may result in its dismissal as infructuous" but, neither the counsel for the
                                    petitioner has appeared nor the case has been marked to indicate that the
                                    cause of action still survives.

                                    The matter is pending since the year 2019. 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



                                                                                  (Mrs. Manju Rani Chauhan,J.)
                                    September 9, 2026
                                    Junaid




Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad

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