Created by Fuzzy Cloud

Allahabad High Court

ANIL SHARMA AND OTHERSversusSTATE OF U.P. AND OTHERS

Decided

Holding

The writ petition is dismissed as infructuous due to the petitioners' failure to appear, rendering the cause of action stale.

Summary

Petitioners filed a writ petition in the Allahabad High Court but failed to appear or seek adjournment when the matter was listed. The court noted the absence of any effective representation and held that the cause of action had become stale due to the passage of time. Consequently, the writ petition was dismissed as infructuous and any interim orders were vacated. The court, however, 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 before the court.
  • Whether the cause of action becomes stale and the petition infructuous due to inaction.

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 74990 of 2011

                                    Anil Sharma And Others
                                                                                                .....Petitioner(s)
                                                                       Versus

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

                                    Counsel for Petitioner(s)                :   Smt. Manju R. Chauhan
                                    Counsel for Respondent(s)                :   C.S.C., S.K. Shukla

                                    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


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.