Courts may dismiss writ petitions as infructuous when circumstances change or relief is no longer required, upon a statement by the petitioner. This judgment reaffirms settled practice, serves as a procedural precedent for writ proceedings, and clarifies that such dismissal does not adjudicate underlying merits.
Summary
| Category | Data |
|---|---|
| Case Name | WPSS/1110/2023 of PREETI BISHT Vs STATE OF UTTARAKHAND THROUGH SECRETARY UTTARAKHAND SCHOOL EDUCATION, CNR UKHC010105402023 |
| Date of Registration | 05-07-2023 |
| Decision Date | 15-10-2025 |
| Disposal Nature | DISMISSED AS INFRUCTUOUS |
| Judgment Author | Hon’ble Mr. Justice Manoj Kumar Tiwari |
| Court | High Court of Uttarakhand |
| Precedent Value | Can be cited as authority for dismissal of infructuous writ petitions |
| Type of Law | Writ Proceedings / Procedural Law |
| Ratio Decidendi |
Where the petitioner states that a writ petition has become infructuous by efflux of time, the Court may dismiss the petition as infructuous, with no adjudication on merits. Such dismissals serve judicial economy and avoid surplusage in pending matters. The statement by counsel at the bar provides sufficient grounds for such procedural disposal. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Uttarakhand; persuasive elsewhere |
| Persuasive For | Other High Courts and writ courts in India |
What’s New / What Lawyers Should Note
- The High Court reaffirms the procedural practice that a writ petition may be dismissed as infructuous if the petitioner, through counsel, submits that the petition has lost relevance due to efflux of time.
- Such a dismissal does not amount to an adjudication on the merits of the dispute.
- Lawyers should note that courts may swiftly conclude infructuous matters upon a statement at the bar, ensuring efficient judicial administration.
Summary of Legal Reasoning
- The Court took note of the statement by the learned counsel for the petitioner that the writ petition had become infructuous by efflux of time.
- Relying solely on this submission, the Court dismissed the petition as infructuous.
- The order reflects an established judicial approach: where no effective relief can be granted and the petitioner no longer seeks adjudication, courts may dismiss the matter to prevent unnecessary proceedings.
- This disposition prioritizes judicial economy and respects the current status of the parties’ rights.
Arguments by the Parties
Petitioner:
- Through counsel, stated that the writ petition had become infructuous by efflux of time.
Respondent/State:
- No submissions recorded in the order regarding the merits or maintainability of the writ petition.
Factual Background
The writ petition was filed by the petitioner and registered as WPSS/1110/2023. During the proceedings, counsel for the petitioner stated at the bar that, due to efflux of time, the relief sought had become unnecessary, and the petition no longer required adjudication. Accordingly, the matter was placed before the Court for appropriate orders.
Statutory Analysis
The order does not discuss or interpret any statutory provision. It is a procedural order addressing the maintainability of a petition upon a statement of infructuousness by the petitioner.
Procedural Innovations
- Confirms the sufficiency of a statement from the petitioner, through counsel, to dispose of writ petitions as infructuous without proceeding to merit-based adjudication.
Alert Indicators
- ✔ Precedent Followed – Existing procedural practice of dismissing infructuous writ proceedings is affirmed.