Created by Fuzzy Cloud

Allahabad High Court

DHARMVEER SINGH AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as infructuous.

Summary

The petitioners, Dharmveer Singh and another, filed a writ petition before the Allahabad High Court. No counsel appeared on their behalf to press the petition and no adjournment was sought. The Court held that the cause of action had become stale and the petition was rendered infructuous due to the passage of time. Consequently, the writ petition was dismissed and any interim relief previously granted was vacated. The Court, however, allowed the petitioners six weeks to move an application if they believe the matter still subsists.

Issues considered

  • The petition was infructuous due to non‑appearance and staleness of cause of action.

Subjects

  • writ petition
  • infructuous
  • stale cause of action
  • procedural default
  • vacated interim order

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 70817 of 2013

                                    Dharmveer Singh And Another
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 3 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)       : Arvind Srivastava, Ashok Kumar
                                                                      Dubey, Shiv Kant Mishra, Vineet
                                                                      Sankalp, Vineet Vikram
                                    Counsel for Respondent(s)       : C.S.C., Shivam 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 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 9, 2026
                                    Priya




Digitally signed by :-
PRIYA KUSHWAHA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.