Allahabad High Court
GAJEY SINGHversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The writ petition was dismissed as infructuous due to the petitioner’s non‑appearance and the staleness of the cause of action.
Summary
Petitioner Gajey Singh filed a writ petition (Writ‑C No. 23848 of 2014) before the Allahabad High Court. No counsel appeared on behalf of the petitioner and no adjournment was sought. The Court observed that the cause of action had become stale due to the petitioner’s failure to press the petition. Consequently, the writ petition was held to be infructuous and was dismissed, with any interim relief vacated. The Court, however, allowed the petitioner a six‑week window to move an application for recalling the order if he believes the matter still subsists.
Issues considered
- Whether a writ petition can proceed when the petitioner fails to appear and no adjournment is sought
- Whether the cause of action becomes stale rendering the petition infructuous
Subjects
- writ petition
- staleness
- infructuous
- procedural default
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 23848 of 2014
Gajey Singh
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pankaj Dubey, Rituvendra Singh
Nagvanshi
Counsel for Respondent(s) : C.S.C., Ramendra Pratap Singh
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. The matter was taken up in the revised list. However, none appeared on
behalf of the petitioner to press the petition, nor has any adjournment slip
been moved. Learned Additional Chief Standing Counsel for the State-
respondents is present.
2. In the absence of any effective representation, it appears that the cause of
action has become stale and the writ petition has been rendered infructuous
by efflux of time.
3. Accordingly, the writ petition is dismissed as infructuous. Interim order,
if any, stands vacated.
4. In case the petitioner feels that the matter survives, liberty is granted to
him to move an application for recalling this order within six weeks from
today.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
March 13, 2026
A.K.Srivastava
Digitally signed by :-
ARUN KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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