Allahabad High Court
SMT.KRISHNA DEVI UPADHYAYversusD.M. ETAH AND OTHERS
- Decided
- Bench
- PIYUSH AGRAWAL
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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