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2015 Supreme(All) 2963
ALLAHABAD HIGH COURT
Pradeep Kumar Singh Baghel, J.
Raj Kumari - Appellant
Versus
State of U.P. & Others - Respondent
Writ - A No. 64549 of 2008
Decided On : 27-10-2015
For the Petitioner: Pankaj Kr. Srivastava.
For the Respondent: C.S.C.
Courts may dismiss a writ petition if it becomes infructuous and no useful purpose would be served in keeping it pending.
Headnote:
Dismissal - Writ Petition - Infructuous
Fact of the Case:
The petitioner made no serious effort to get the case heard, and the case was listed as likely to be infructuous without objection. The petitioner either lost interest in pursuing the matter or the cause of action does not survive.
Finding of the Court:
The court found that the writ petition had become infructuous and no useful purpose would be served in keeping it pending, leading to the dismissal of the writ petition.
Issues: Infructuous nature of the writ petition, lack of effort by the petitioner to pursue the case.
Ratio Decidendi: The court's decision was influenced by the lack of effort by the petitioner to pursue the case and the fact that the cause of action does not survive or the petitioner has lost interest in pursuing the matter.
Final Decision: The writ petition was dismissed with no order as to costs.
Pradeep Kumar Singh Baghel, J.
This case is lying dormant for last several years. The record shows that no serious effort has been made by the petitioner to get the case heard.
2. The case was notified in the Cause List showing that it would be listed under the heading "Group of Cases Likely to be Infructuous (Without Objection)" and objections were invited from the parties, but the office has not received any objection. This fact clearly demonstrates that the writ petition has become infructuous.
3. Moreover, I have perused the records. From the records it transpires that either the cause of action does not survive or the petitioner has lost interest in pursuing the matter.
4. In view of the above, no useful purpose would be served in keeping this writ petition pending. Accordingly, writ petition is dismissed.
5. No order as to costs.
