Allahabad High Court
SHARAFAT HUSSAIN AND 23 OTHERSversusSTATE OF U.P. THRU CHIEF SECY. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as infructuous because the petitioners failed to appear, making the cause of action stale.
Summary
The petitioners filed a writ petition in the Allahabad High Court but failed to appear for the hearing and did not seek any adjournment. The respondents were represented. The court observed that the cause of action had become stale due to the petitioners' non‑appearance, rendering the petition infructuous. Consequently, the writ petition was dismissed and any interim relief previously granted was vacated. The court allowed the petitioners a six‑week window to move an application if they wish to recall the order.
Issues considered
- Whether a writ petition can be dismissed as infructuous due to the petitioner's failure to appear and resultant staleness of the cause of action
Subjects
- writ petition
- non‑appearance
- staleness
- dismissal
- infructuous
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 50326 of 2013
Sharafat Hussain And 23 Others
.....Petitioner(s)
Versus
State Of U.P. Thru Chief Secy. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : J.N. Patel
Counsel for Respondent(s) : C.S.C.
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. Learned counsel for the 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 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.)
March 19, 2026
Sumit S
Digitally signed by :-
SUMIT SRIVASTAVA
High Court of Judicature at Allahabad
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