Allahabad High Court
DINESH CHANDR SHUKLAversusJOINT SECRETARY ZONE 3 VETERMENT REGULARIZATION KANPUR
- Decided
Holding
The writ petition is dismissed as infructuous due to the petitioner's non‑appearance and resultant staleness of the cause of action.
Summary
The petitioner, Dinesh Chandr Shukla, filed a writ petition before the Allahabad High Court against the Joint Secretary, Zone 3 Veterment Regularization, Kanpur. The petition was listed for hearing, but the petitioner failed to appear and did not seek any adjournment. The respondent's counsel appeared and argued that the petition had become stale due to the petitioner's non‑appearance. The Court held that the cause of action was infructuous by reason of the lapse of time and dismissed the petition, vacating any interim order. The Court further allowed the petitioner a six‑week window to move an application for recalling the dismissal if he believes the matter still subsists.
Issues considered
- What is the appropriate remedy when a petitioner fails to appear for a scheduled hearing without seeking an adjournment?
- Whether a writ petition can be dismissed as infructuous on the ground of staleness of cause of action.
Subjects
- writ petition
- non‑appearance
- staleness
- dismissal
- procedural default
- interim order vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 62146 of 2013
Dinesh Chandr Shukla
.....Petitioner(s)
Versus
Joint Secretary Zone 3 Veterment Regularization
Kanpur .....Respondent(s)
Counsel for Petitioner(s) : Rajesh
Counsel for Respondent(s) : S.C., Saroj Yadav
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
Checking your session…