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Allahabad High Court

NIVAS ALI AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The court held that no cause of action survived, leading to the dismissal of the writ petition.

Summary

The petitioners, Nivas Ali and another, filed a writ petition (C No. 34330 of 2014) before the Allahabad High Court seeking relief. The matter was listed under the "Oldest Pending Cases" priority hearing, but the petitioners failed to appear even after a revised call. The State respondents, represented by the Standing Counsel, appeared before the court. Upon reviewing the record, the bench observed that no cause of action remained viable and therefore ordered the petition to be consigned to the record. The writ petition was consequently disposed, with liberty granted to the petitioners to file an application for recall or modification of the order if they believe a cause of action still exists.

Issues considered

  • Whether any cause of action subsists in the writ petition filed by the petitioners

Subjects

  • writ petition
  • cause of action
  • dismissal
  • non-appearance
  • priority hearing
  • Allahabad High Court

Judgment

                                                                                 Neutral Citation No. - 2025:AHC:127216-DB




                                        Court No. - 3

                                        Case :- WRIT - C No. - 34330 of 2014

                                        Petitioner :- Nivas Ali And Another
                                        Respondent :- State Of U.P. And 4 Others
                                        Counsel for Petitioner :- Rakesh Pande (Senior Adv.)
                                        Counsel for Respondent :- C.S.C.

                                        Hon'ble Shekhar B. Saraf,J.
                                        Hon'ble Praveen Kumar Giri,J.

                                        1. The present matter has been appearing in the Warning List under
                                        the heading "Oldest Pending Cases in this High Court for Priority
                                        Hearing" from July 14, 2025.

                                        2. None appears on behalf of the petitioner(s) even in the revised
                                        call.

                                        3. Learned Standing Counsel appears on behalf of the State
                                        respondents.

                                        4. Upon perusal of the record, it appears that no cause of action
                                        survives, and accordingly, the matter is consigned to record.

                                        5. The writ petition is disposed of.

                                        6. In the event, the petitioner(s) is/are of the view that the cause of
                                        action still survives, liberty is granted to the petitioner(s) to file an
                                        application for recall/variation/modification of this order in
                                        accordance with law.

                                        Order Date :- 29.7.2025
                                        K.K. Maurya

                                                              (Praveen Kumar Giri, J.) (Shekhar B. Saraf, J.)




Digitally signed by :-
KAMLESH KUMAR MAURYA
High Court of Judicature at Allahabad


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