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
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