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Allahabad High Court

HAZI MUKHTAR WASIMversusDISTT. MAGISTRATE BAREILLY

Decided

Holding

The writ petition is dismissed as it has become infructuous.

Summary

Petitioner Hazi Mukhtar Wasim filed a writ petition before the Allahabad High Court challenging an order of the District Magistrate, Bareilly. The petition remained pending for an extended period, and the court observed that, due to the passage of time, the petition had become infructuous. No substantive hearing on the merits was conducted. Consequently, the court dismissed the writ petition on the ground that it was no longer maintainable. The interim order previously granted was vacated, and the parties were permitted to move an application for recall if any issue still survived.

Issues considered

  • What is the appropriate disposition of a writ petition that has become infructuous due to delay?

Subjects

  • writ petition
  • infructuous
  • procedural delay
  • dismissal
  • interim order vacated

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                              WRIT - C No. - 17708 of 2002

                                    Hazi Mukhtar Wasim
                                                                                                   .....Petitioner(s)
                                                                          Versus

                                    Distt. Magistrate Bareilly
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                        :    Dr. G.S.D. Mishra
                                    Counsel for Respondent(s)                        :    C.S.C.

                                    Court No. - 7
                                                         HON'BLE PIYUSH AGRAWAL, J.

                                    This case is listed under the heading of "likely to be infructuous".

                                    Case called out. None appears.

                                    It appears that by efflux of time, the present writ petition has become
                                    infructuous.

                                    In view of the above, the writ petition is dismissed as having become
                                    infructuous.

                                    Interim order, if any, stands vacated.

                                    However, the parties are at liberty to move an appropriate application for
                                    recall of this order in case the matter still survives.



                                                                                               (Piyush Agrawal,J.)
                                    April 1, 2026
                                    Amit Mishra




Digitally signed by :-
AMIT KUMAR MISHRA
High Court of Judicature at Allahabad


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