Allahabad High Court
SMT. NANHI AGARWAL AND ORS.versusARBITRATOR/DISTRICT COLLECTOR JHANSI AND ORS.
- Decided
Holding
The writ petition is dismissed as infructuous because the cause of action has become stale owing to the petitioners' non‑appearance.
Summary
The petitioners, Smt. Nanhi Agarwal and others, filed a writ petition in the Allahabad High Court but failed to appear for the hearing and did not seek any adjournment. The respondents, the Arbitrator/District Collector Jhansi and others, were represented. The Court observed that in the absence of any effective representation, the cause of action had become stale, rendering the petition infructuous. Consequently, the writ petition was dismissed as infructuous and any interim order was vacated. The Court, however, allowed the petitioners a six‑week window to move an application for recalling the order if they believed the matter still survived.
Issues considered
- Whether a writ petition can be dismissed as infructuous due to the petitioner's failure to appear and the resulting staleness of the cause of action
Subjects
- writ petition
- staleness
- infructuous
- procedural default
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 9069 of 2010
Smt. Nanhi Agarwal And Ors.
.....Petitioner(s)
Versus
Arbitrator/District Collector Jhansi And Ors.
.....Respondent(s)
Counsel for Petitioner(s) : R.P. Tiwari
Counsel for Respondent(s) : Asgi (2009/2861), C.S.C., Mohammad
Ali
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.)
February 11, 2026
Sumit S
Digitally signed by :-
SUMIT SRIVASTAVA
High Court of Judicature at Allahabad
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