Allahabad High Court
PREM CHAND PANKAJversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The petition is dismissed as infructuous due to non-appearance and lapse of time.
Summary
The petitioner, Prem Chand Pankaj, filed Writ A No. 9550 of 2019 before the Allahabad High Court seeking relief against the State of U.P. and others. The petition was listed for hearing but the petitioner’s counsel did not appear, and no indication was made that the cause of action still survived. The court noted that the case had been pending since 2019 and fell under the category of writs likely to have become infructuous due to the efflux of time. A notice had been issued that old cases up to 2022 would be dismissed if not marked as surviving. Consequently, the court dismissed the petition as infructuous, concluding that the petitioner had lost interest or the remedy was no longer available.
Subjects
- writ petition
- infructuous
- non-appearance
- dismissal
- delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 9550 of 2019
Prem Chand Pankaj
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Srivastava Iii, Girja Shanker
Mishra
Counsel for Respondent(s) : Shashi Prakash Singh, C.S.C., Syed
Nadeem Ahmad
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 2019. 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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