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Allahabad High Court

HIRA LALversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The petition is dismissed as infructuous because the petitioner failed to appear and did not indicate that the cause of action survives.

Summary

The petition Hira Lal v. State of U.P. & Others was filed in the Allahabad High Court in 2019 seeking relief through a writ petition. The matter was listed for hearing but the petitioner’s counsel did not appear before the court. The case was placed in the category of writs likely to have become infructuous under the court’s notice concerning old cases. The court observed that the petitioner neither appeared nor indicated that the cause of action still survived. Accordingly, the court held that the petition had become infructuous due to lapse of time and lack of prosecution. The writ petition was dismissed as infructuous.

Subjects

  • writ petition
  • infructuous
  • non‑appearance
  • dismissal
  • high court

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 9553 of 2019

                                    Hira Lal
                                                                                             .....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)      : 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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