Allahabad High Court
RAJESHWARI EDUCATIONAL AND WELFARE SOCIETY AND OTHERSversusSTATE OF U.P. THRU SECY. AND OTHERS
- Decided
Holding
The writ petition was dismissed as infructuous because the cause of action had become stale due to the petitioners' failure to appear.
Summary
The petitioners filed a writ petition in the Allahabad High Court but failed to appear or file any adjournment request. The State respondents were represented before the court. The court observed that due to the petitioners' non‑appearance, the cause of action had become stale and the petition was rendered infructuous. Consequently, the writ petition was dismissed and any interim orders were vacated. The court allowed the petitioners six weeks to move an application if they wish to recall the order.
Issues considered
- Whether a writ petition can proceed when the petitioners do not appear before the court
- Whether the cause of action becomes stale and the petition infructuous due to the petitioners' non‑appearance
Subjects
- writ petition
- stale cause of action
- infructuous
- procedural default
- court dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 41589 of 2012
Rajeshwari Educational And Welfare Society And
Others .....Petitioner(s)
Versus
State Of U.P. Thru Secy. And Others
.....Respondent(s)
Counsel for Petitioner(s) : Smt. Anita Tripathi
Counsel for Respondent(s) : C.S.C., J.N. Maurya, M.C. Chaturvedi
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 petitioners to press the petition, nor has any adjournment slip
been moved. Sri J.N. Maurya, learned Additional Chief Standing Counsel
and Sri Fuzail Ahmad Ansari, learned Standing Counsel for the State-
respondents are 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 petitioners feel that the matter still survives, liberty is
granted to them to move an application for recalling this order within six
weeks from today.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
May 5, 2026
gp
Digitally signed by :-
GANESH PRAKASH
High Court of Judicature at Allahabad
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