Dismissed¶12

Ram Ashrey v. D.D.C.

Allahabad HC17 Mar 2026WRIB/16055/1983

Case brief

AI extract

What is this about?

Allahabad High Court dismissal for non-prosecution: 1983 writ petition (Writ - B) dismissed as infructuous after no appearance at a priority hearing of oldest pending cases; liberty granted to seek recall/restoration if cause of action survives. Keywords: infructuous, non-appearance, non-prosecution, oldest pending case, priority hearing, recall/restoration application, notice board circular, Writ - B, D.D.C., Ram Ashrey, Manju Rani Chauhan.

What did the court decide?

Writ petition dismissed as infructuous: none appeared for the parties despite the priority-hearing notice, and the record suggests the petitioner has lost interest or the matter has become infructuous. ¶12

Ram Ashrey Vs D.D.C. — Allahabad HC (2026) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

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WRIT - B No. - 16055 of 1983

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Ram Ashrey

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.....Petitioner(s) Versus

¶5

D.D.C.		...	..Respo	ndent(s)
Counsel for Petitioner(s)	: R.N.Singh, Swaraj	Prakas	h
Counsel for Respondent(s)	: Ramesh Singh, Chauhan	S.C.,	Smt.	Sharda

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Court No. - 52

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HON'BLE MRS. MANJU RANI CHAUHAN, J.

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Case is called out. None appears for the parties.

¶9

The case is listed in the category of oldest pending cases in the cause list, for priority hearing.

¶10

A notice has been placed on the notice board specifically, mentioning that "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" but, neither the counsel for the petitioners has appeared nor has the case been marked to indicate that the cause of action still survives.

¶11

Record shows that the matter is pending since the year 1983. It appears that either the petitioners has lost interest in pursuing the matter or it has become infructuous.

¶12

Accordingly, the writ petition is dismissed as infructuous.

¶13

Needless to say that the petitioners shall be at liberty to file recall/restoration application in case any cause of action still survives.

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March 18, 2026

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Vinod.

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(Mrs. Manju Rani Chauhan, J.)

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Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad