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Allahabad High Court

ASHISH KUMAR SETHversusSTATE OF U.P. THRU SECY. HOME AND OTHERS

Decided

Holding

The writ petition is dismissed as infructuous because the cause of action has become stale.

Summary

The petitioner, Ashish Kumar Seth, filed a writ petition before the Allahabad High Court. No counsel appeared on his behalf on the scheduled date and no adjournment was sought. The court held that the cause of action had become stale due to the petitioner’s failure to prosecute the petition. Consequently, the writ petition was dismissed as infructuous and any interim relief was vacated. The court, however, allowed the petitioner six weeks to move an application if he wishes to recall the order.

Issues considered

  • Whether a writ petition can proceed when the petitioner fails to appear and no adjournment is sought
  • Whether the cause of action becomes stale and the petition infructuous due to inaction

Subjects

  • writ petition
  • stale cause of action
  • infructuous dismissal
  • procedural default
  • high court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 57001 of 2007

                                    Ashish Kumar Seth
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. Thru Secy. Home And Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)                         :    Amit Saxena
                                    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 petitioner 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 petitioner feels that the matter still survives, liberty is
                                    granted to him 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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