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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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