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Allahabad High Court

RAM KUMAR AND OTHERSversusSTATE OF U.P. AND OTHERS

Decided

Holding

The writ petition is dismissed as infructuous due to the petitioners' non‑appearance and lapse of time.

Summary

Petitioners filed a writ petition in the Allahabad High Court but failed to appear for hearing and did not seek any adjournment. The Court noted the absence of effective representation and held that the cause of action had become stale due to the passage of time. Consequently, the petition was deemed infructuous and dismissed, with any interim orders vacated. The Court allowed petitioners a six‑week window to move an application for recalling the order if they believe the matter still subsists. No substantive merits of the petition were addressed.

Issues considered

  • Whether a writ petition can proceed when petitioners fail to appear and no adjournment is sought
  • Whether the cause of action becomes stale rendering the petition infructuous

Subjects

  • writ petition
  • stale cause of action
  • infructuous
  • non‑appearance
  • procedural default
  • dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 72926 of 2011

                                    Ram Kumar And Others
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State of U.P. and Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   K.K. Tripathi
                                    Counsel for Respondent(s)                     :   C.S.C., Shri Kant

                                    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.)
                                    May 5, 2026
                                    gp




Digitally signed by :-
GANESH PRAKASH
High Court of Judicature at Allahabad


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