Allahabad High Court
JAGDISH PRASAD SHARMAversusSTATE OF U.P. AND 3ORS.
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The petition is dismissed as infructuous.
Summary
The petitioner, Jagdish Prasad Sharma, filed Writ Petition No. 9859 of 2018 before the Allahabad High Court seeking relief against the State of U.P. and others. The petition remained pending for several years without any appearance by the petitioner’s counsel. The Court noted that the case fell under the category of writs likely to have become infructuous due to the passage of time and the petitioner’s failure to appear or indicate that the cause of action still survived. A notice had been issued directing parties to mark such cases, but no such indication was made. Consequently, the Court held that the petition had become infructuous and dismissed it. The dismissal was recorded on September 30, 2026.
Issues considered
- Whether the writ petition remains maintainable after prolonged delay and non‑appearance of the petitioner’s counsel
- Whether the petition should be dismissed as infructuous under the Court’s procedural directions
Subjects
- writ petition
- infructuous
- delay
- civil procedure
- non‑appearance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 9859 of 2018
Jagdish Prasad Sharma
.....Petitioner(s)
Versus
State Of U.P. And 3ors.
.....Respondent(s)
Counsel for Petitioner(s) : Anubhav Chandra, Sr. Advocate,
Vashishtha Dhar Shukla
Counsel for Respondent(s) : C.S.C., Ram Bilas Yadav
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 2018. 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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