The High Court of Judicature at Allahabad, presided over by Justice Manju Rani Chauhan, has dismissed a writ petition pending since 2008, after the petitioner and counsel failed to appear during a priority hearing for the court’s oldest cases. The Court observed that the lack of representation suggested the petitioner had either lost interest or the matter had become infructuous over the nearly two-decade-long pendency.
Background of the Case
The case, Anil Kumar vs. State of U.P. and Others (WRITA No. 12196 of 2008), was listed before Court No. 52. Having been filed in 2008, the matter was categorized among the “oldest pending cases” in the cause list and was scheduled for a priority hearing on March 24, 2026.
The Court’s Analysis
When the case was called out, none appeared for either the petitioner or the respondents. The Court noted that a specific notice had been posted on the notice board regarding the handling of such long-standing matters.
The notice explicitly stated:
“Old cases up to the year 2022 shall be taken up in the first round itself. In case of non-appearance, matter shall be dismissed as infructuous or otherwise, and in the cases, where the cause of action still survives, the concerned advocates are expected to mark them accordingly in the cause list. Failure to do so, may result in its dismissal as infructuous.”
Justice Chauhan observed that despite this notification, the counsel for the petitioner did not appear, nor was the case marked to indicate that the cause of action remained alive. Highlighting the 18-year pendency, the Court remarked:
“Record shows that the matter is pending since the year 2008. It appears that either the petitioner has lost interest in pursuing the matter or it has become infructuous.”
Decision of the Court
Consequently, the High Court dismissed the writ petition as infructuous. However, the Court provided a safeguard for the petitioner, stating that they would be “at liberty to file recall/restoration application in case any cause of action still survives.”
Case Details Block
- Case Title: Anil Kumar Versus State of U.P. and Others
- Case Number: WRITA No. 12196 of 2008
- Bench: Justice Manju Rani Chauhan
- Counsel for Petitioner: Abhitab Kumar Tiwari, Dheeraj Bahadur Singh
- Counsel for Respondent: B.P. Singh, C.S.C.
- Date: March 24, 2026
