Allahabad High Court
DEEP MALA RAWATversusSTATE OF U.P. AND 2 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 petitioner filed a writ petition in 2020 which remained pending without any appearance by counsel. The court issued a notice directing that old cases up to 2022 be heard and that non‑appearance could lead to dismissal as infructuous. The petitioner’s counsel did not appear nor mark the case to show that the cause of action survived. The court inferred that the petitioner had lost interest or the petition had become infructuous and therefore dismissed the writ petition. The court, however, allowed the petitioner to file a recall or restoration application if any cause of action still exists.
Issues considered
- Whether a writ petition pending for several years without appearance and without indication that the cause of action survives can be dismissed as infructuous?
Subjects
- infructuous
- writ petition
- non‑appearance
- case management
- cause of action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 7978 of 2020
Deep Mala Rawat
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Hari Shankar Tripathi, Shilpa Ahuja
Counsel for Respondent(s) : C.S.C., Pankaj Kumar Tyagi
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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