Allahabad High Court
RAGHURAYversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition is dismissed as infructuous due to non-appearance of the petitioner.
Summary
The writ petition filed by Raghuray in 2020 remained pending without any appearance by the petitioner’s counsel. The High Court had issued a notice directing that old cases up to 2022 be taken up and dismissed as infructuous if no appearance was made. The petitioner’s counsel did not appear nor mark the case to indicate that the cause of action survived. Consequently, the Court held that the petition had become infructuous and dismissed it, while allowing the petitioner the liberty to 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 for a pending writ petition despite a court notice?
Subjects
- writ petition
- infructuous
- non-appearance
- case management
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 8014 of 2020
Raghuray
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Satyendra Chandra Tripathi
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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