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Allahabad High Court

SMT.KRISHNA DEVI UPADHYAYversusD.M. ETAH AND OTHERS

Decided

Holding

The writ petition is dismissed as it has become infructuous.

Summary

Smt. Krishna Devi Upadhyay filed a writ petition (Writ‑C No. 52805 of 2000) before the Allahabad High Court against D.M. Etah and others. The petition was listed as “likely to be infructuous” and, on hearing, the court observed that no case was called out and that the passage of time had rendered the petition ineffective. Consequently, the court held that the writ petition had become infructuous. The petition was therefore dismissed and the interim order, if any, was vacated. The court, however, allowed the parties to move an application for recall of the order if the matter still survived.

Issues considered

  • Whether the writ petition remains maintainable or has become infructuous due to the lapse of time

Subjects

  • writ petition
  • infructuous
  • dismissal
  • procedural
  • High Court
  • Allahabad

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 52805 of 2000

                                    Smt.Krishna Devi Upadhyay
                                                                                                 .....Petitioner(s)
                                                                        Versus

                                    D.M. Etah And Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)       : G.S.D. Mishra,          P.C.Misra,      P.K.
                                                                      Dwivedi
                                    Counsel for Respondent(s)       : C.S.C.

                                    Court No. - 7
                                                       HON'BLE PIYUSH AGRAWAL, J.

                                    1. This case is listed under the heading of "likely to be infructuous".

                                    2. Case called out. None appears.

                                    3. It appears that by efflux of time, the present writ petition has become
                                    infructuous.

                                    4. In view of above, the writ petition is dismissed as having become
                                    infructuous.

                                    5. Interim order, if any, stands vacated.

                                    6. However, the parties are at liberty to move an appropriate application
                                    for recall of this order in case the matter still survives.



                                                                                            (Piyush Agrawal,J.)
                                    March 24, 2026
                                    Abhishek Gupta




Digitally signed by :-
ABHISHEK GUPTA
High Court of Judicature at Allahabad


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