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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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