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Allahabad High Court

RAM NEVAS AND ANOTHERversusSTATE OF U.P. AND 20 OTHERS

Decided

Holding

The writ petition is dismissed as infructuous because the underlying case has been finally decided.

Summary

The petitioners filed a writ petition challenging two orders dated 16 October 2025 and 5 February 2026 issued by the Deputy Director of Consolidation in Case No. 0988 of 2023, which allowed an amendment by respondent No.3 and rejected the petitioners' application to recall the first order. Respondent No.3 argued that the underlying case had been finally decided on 24 August 2026, rendering the writ petition moot. The Court examined whether a petition remains maintainable after the substantive matter is finally resolved. Finding that the final decision on the underlying case extinguished the relief sought, the Court held the writ petition to be infructuous. Consequently, the petition was dismissed as infructuous.

Issues considered

  • Whether a writ petition becomes infructuous when the substantive matter underlying it is finally decided.
  • Whether the Court should entertain a petition seeking recall of an order after the main case has been concluded.

Subjects

  • writ petition
  • infructuous
  • final decision
  • recall of order
  • jurisdiction
  • procedural law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - B No. - 2899 of 2026

                                    Ram Nevas And Another
                                                                                                  .....Petitioner(s)
                                                                       Versus
                                    State Of U.P. And 20 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Shashi Bhushan
                                    Counsel for Respondent(s)                :   C.S.C., Kartikey Pandey

                                    Court No. - 40
                                                     HON'BLE SUDHANSHU CHAUHAN, J.


                                    The list of fresh cases has been revised. None is present on behalf of the
                                    petitioners.

                                    Learned Standing Counsel for the State respondent nos. 1 and 2 and Sri B.S.
                                    Pandey, Advocate holding brief of Sri Kartikey Pandey, learned counsel for
                                    the respondent no.3 is present.

                                    The present writ petition arises out of the order dated 16.10.2025 passed by
                                    the Deputy Director of Consolidation in Case No. 0988 of 2023, by means of
                                    which the application for amendment filed by respondent no. 3 was allowed
                                    and the subsequent order dated 05.02.2026, by means of which the
                                    application for recall of the order dated 16.10.2025 filed by the petitioner
                                    was rejected.

                                    It is contended by the learned counsel for respondent no. 3 that the Case No.
                                    0988 of 2023, in which the impugned orders dated 16.10.2025 and
                                    05.02.2026 have been passed has now been finally decided on 24.08.2026.

                                    Hence, the present writ petition has become infructuous. The writ petition is,
                                    accordingly, dismissed as infructuous.

                                    September 23, 2026
                                    Gaurav
                                                                                      (Sudhanshu Chauhan,J.)




Digitally signed by :-
GAURAV PATEL
High Court of Judicature at Allahabad


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