Allahabad High Court
RAHMAT FRUIT CENTREversusSTATE OF U.P. AND OTHERS
- Decided
Holding
The petition is dismissed as infructuous because a later order has already decided the matter.
Summary
The petition (Writ No. 37629 of 2011) filed by Rahmat Fruit Centre against the State of Uttar Pradesh and others sought relief, but no counsel appeared for the petitioner. The respondent’s counsel informed the court that a later writ petition (No. 5874 of 2022) had already been decided, rendering the earlier petition moot. The petitioner expressly admitted that the earlier petition was now infructuous. The court therefore held that there was no substantive dispute to be adjudicated. Consequently, the petition was dismissed and recorded as an infructuous matter.
Issues considered
- Whether the writ petition filed in 2011 should be dismissed as infructuous in view of a subsequent order in a later writ petition filed by the same petitioner
Subjects
- writ petition
- infructuous
- dismissal
- procedural
- subsequent order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37629 of 2011
Rahmat Fruit Centre
.....Petitioner(s)
Versus
State of U.P. and Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar Pathak
Counsel for Respondent(s) : C.S.C., Satish Mandhyan, V B Mishra,
Ved Byas Mishra
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. List has been revised. Nobody has appeared on behalf of the petitioner,
however, Shri Mani Shankar Mishra, learned counsel hold brief of Shri
Ved Byas Mishra, learned counsel for the respondent nos. 2, 3 and 4 is
present.
2. It is submitted by learned counsel for the respondent that this petition
has rendered infructuous, in view of the order passed by the Division
Bench in a subsequent writ petition filed by the same petitioner bearing
petition No. 5874 of 2022. An admission of the petitioner has been
recorded to the effect that the writ petition bearing no. 37629 of 2011, that
present petition has rendered infructuous.
3. In view of above the petition is dismissed and consigned to record as
infructuous matter.
(Swarupama Chaturvedi,J.) (Ajit Kumar,J.)
March 19, 2026
Bhanu
Digitally signed by :-
BHANU PRATAP KUSHWAHA
High Court of Judicature at Allahabad
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