Allahabad High Court
RAJEEV SHARMAversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
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
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