Created by Fuzzy Cloud

Allahabad High Court

RAM HET GAUTAMversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The writ petition is dismissed as infructuous.

Summary

The petitioner, Ram Het Gautam, filed a writ petition (Writ‑A No. 8153 of 2022) before the Allahabad High Court. The court had issued a notice directing that old cases up to 2022 be heard promptly and that non‑appearance could lead to dismissal as infructuous. Neither the petitioner’s counsel appeared nor was the petition marked to show that a cause of action still existed. The court observed that the petition had been pending since 2022 and inferred that the petitioner had either lost interest or the petition had become infructuous. Consequently, the writ petition was dismissed as infructuous, with a liberty to file a recall or restoration application if any cause of action remains.

Issues considered

  • Whether the writ petition should be dismissed as infructuous due to non‑appearance of counsel and lack of indication that the cause of action survives.

Subjects

  • infructuous
  • writ petition
  • non‑appearance
  • cause of action
  • court procedure

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                            WRIT - A No. - 8153 of 2022

                                    Ram Het Gautam
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    State Of U.P. And 5 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)              :   Ramnath
                                    Counsel for Respondent(s)              :   C.S.C., Shravan Kumar Panday

                                    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 2022. 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.