Allahabad High Court
MANOJ KUMAR AND 12 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition is dismissed as infructuous due to non‑appearance and the apparent lapse of the cause of action.
Summary
The petitioners filed a writ petition (Writ‑A No. 8602 of 2022) in the Allahabad High Court seeking relief against the State of U.P. and another respondent. The petition remained pending since 2022 and the petitioners failed to appear for hearing despite notices and a directive to mark the cause of action as surviving. The court noted that the petition appeared to have become infructuous, either because the petitioners lost interest or the cause of action no longer existed. No substantive arguments or evidence were presented by the petitioners. Consequently, the court exercised its inherent power to dismiss the petition as infructuous. The dismissal was ordered on 30 September 2026.
Issues considered
- What is the appropriate procedural response when a petitioner fails to appear and the cause of action may no longer survive?
Subjects
- writ petition
- infructuous
- non‑appearance
- procedural dismissal
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 8602 of 2022
Manoj Kumar And 12 Others
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Dinesh Rai, Shikher Trivedi, Sumant
Krishna 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(s) 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, 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(s) has
appeared nor has the case 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(s) has/have 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 30, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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