Allahabad High Court
DIGVIJAY RAJ PANDEY AND ANOTHERversusSTATE OF U.P. THRU SECY. AND 4 OTHERS
- Decided
Holding
The writ petition was dismissed as abated because the petitioners had died and no substitution was filed.
Summary
The Public Interest Litigation was filed in 2014 by Digvijay Raj Pandey and Afasar Khan. In 2025, a respondent filed an abatement application stating that both petitioners had died three and four years earlier. No application for substitution of the petitioners’ heirs or legal representatives was made. The court held that, in the absence of a substitution, the writ petition could not proceed and was deemed to have abated due to the efflux of time. Consequently, the abatement application was allowed and the writ petition was dismissed as abated.
Issues considered
- Whether a writ petition under a PIL can continue after the death of the petitioners in the absence of a substitution application.
Subjects
- public interest litigation
- abatement
- substitution
- writ petition
- death of petitioner
- efflux of time
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 8983 of 2014
Digvijay Raj Pandey And Another
.....Petitioner(s)
Versus
State Of U.P. Thru Secy. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : D.S.P. Singh, Daya Shankar Prasad Singh,
Sushma Devi
Counsel for Respondent(s) : C.S.C., Diwakar Singh, R.K. Pandey
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
Ref: Civil Misc. Abatement Application No. 5 of 2025.
1. The instant Public Interest Litigation was instituted in the year
2014.
2. Abatement Application No. 5 of 2025 has been filed by
Respondent No. 5, indicating therein that both the petitioners, namely
Digvijay Raj Pandey and Afasar Khan, passed away three years ago
and four years ago, respectively.
3. It is noted that no application for substitution has been filed to bring
on record the heirs or legal representatives of the deceased
petitioners. In view of the same, the writ petition is deemed to have
abated on account of efflux of time.
4. Accordingly, Abatement Application No. 5 of 2025 stands allowed,
and the writ petition stands dismissed as abated.
February 20, 2026
Sumaira
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
Digitally signed by :-
SUMAIRA AQUIL
High Court of Judicature at Allahabad
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