The High Court dismissed an Application under Section 482 as infructuous. The applicant's counsel was absent, and the Court found the matter old and lacking a viable case for interference under Article 226.
The application/u/s 482 No. 28574 of 2007 is dismissed as infructuous.
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Court No. - 77
Case :- APPLICATION U/S 482 No. - 28574 of 2007
Applicant :- Hari Shankar And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Indra Mani 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 2007.
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 petitioners have 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 applicant/petitioners 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 revision/application is dismissed as infructuous.
Order Date :- 8.12.2021
RPD
1 issue framed by the court
Whether the application under Section 482 is maintainable when the applicants are absent and the matter has become infructuous.
1 provisions across 1 enactments
Hari Shankar And Others
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
