When Does a Writ Petition Become Infructuous Due to Efflux of Time?

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.

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