The High Court of Punjab and Haryana reaffirms that a writ petition pending for over nine years without representation may be dismissed as infructuous, while granting liberty to refile if any cause of action survives.
Summary
| Category | Data |
|---|---|
| CNR | PHHC010675742012 |
| Decision Date | 06-09-2022 |
| Disposal Nature | Dismissed |
| Judgment Author | Arun Monga, Judge |
| Court | High Court of Punjab and Haryana at Chandigarh |
| Bench | Single Judge |
| Type of Law | Writ petition |
| Questions of Law | Whether a writ petition pending for over nine years without any representation becomes infructuous and should be dismissed. |
| Ratio Decidendi |
|
| Facts as Summarised by the Court | The petition was admitted in 2012 and lingered on motion hearing; when finally taken up for adjudication in 2022, there was no representation, indicating either infructuousness or the petitioner’s loss of interest. |
What’s New / What Lawyers Should Note
- A writ petition stalled in motion hearing for an extended period—nine years in this case—without any appearance can be dismissed as infructuous.
- Even after dismissal, the court may allow the petitioner to refile if a live cause of action remains.
- Reinforces the need for counsel to ensure regular prosecution and representation at hearings.
Summary of Legal Reasoning
- The petition was pending since 2012 and repeatedly listed for motion hearing.
- On the date of final hearing, the petitioner did not appear or file any representation.
- The court observed that prolonged non-prosecution and absence at hearings imply either infructuousness or abandonment.
- Exercising its inherent jurisdiction, the High Court dismissed the petition but granted liberty to the petitioner to institute a fresh petition should any cause of action endure.
Factual Background
In 2012, the petitioner filed a writ petition before the High Court of Punjab and Haryana. Over the next nine years, the matter remained listed in motion hearings without any appearance by the petitioner’s counsel. By September 6, 2022, when the petition was called, there was still no representation. The court treated the petition as infructuous or abandoned and dismissed it, while allowing the petitioner to refile if warranted.
Alert Indicators
- ✔ Precedent Followed – The established practice of dismissing writ petitions for prolonged non-prosecution is affirmed.