Created by Fuzzy Cloud

Allahabad High Court

RAJEEV SHARMAversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The writ petition is dismissed as infructuous.

Summary

The petitioner, Rajeev Sharma, filed Writ A No. 8515 of 2022 before the Allahabad High Court seeking relief against the State of U.P. and others. The petition remained pending since 2022 without any appearance by the petitioner’s counsel. The court issued a notice directing that old cases be taken up promptly and that non‑appearance could lead to dismissal as infructuous. Neither the petitioner’s counsel appeared nor was the case marked to indicate that the cause of action survived. Consequently, the court held that the petition had become infructuous due to lapse of time and lack of prosecution. The writ petition was therefore dismissed.

Issues considered

  • What is the appropriate disposition of a writ petition that remains unprosecuted and appears to have become infructuous?

Subjects

  • writ petition
  • infructuous
  • non‑appearance
  • delay
  • dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                              WRIT - A No. - 8515 of 2022

                                    Rajeev Sharma
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 4 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)         : Alok Kumar Singh, Bhanu Pratap
                                                                        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 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 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



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




Digitally signed by :-
JUNAID AHMAD
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.