Application for mysterious relief dismissed as infructuous due to applicant absence, court finding no valid case for interference.
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Court No. - 77
Case :- APPLICATION U/S 482 No. - 14508 of 2008
Applicant :- Bhure Singh And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.P. Tewari,R.S. Tripathi Counsel for Opposite Party :- Govt. Advocate
Hon'ble Gautam Chowdhary,J.
Case called out in revised list. No one is present on behalf of applicants to press this application. However, learned A.G.A. for the State is present.
The matter is an old one pending since 2008.
It is well settled that powers under Article 226 of Constitution of India cannot be exercised where the allegations are required to be proved in Court of law. Inherent powers under Article 226 of Constitution of India could be exercised by the High Court either to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
It appears that either the cause of action no more survives or the applicants has lost interest in this matter or it has otherwise become infructuous and, probably for this reason, none is interested to have decided this matter on merits and that is why, counsel for applicants is absent.
However, I have gone through the pleadings, grounds as also reliefs sought and find that the applicant/petitioners are not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for.
In view of the above, the present is dismissed as infructuous.
Order Date :- 26.11.2021
RPD
Bhure Singh And Others
Gautam Chowdhary
As recorded by the court registry
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