Allahabad High Court
MOHD. NIHALversusALIGARH MUSLIM UNIVERSITY, ALIGARH THROUGH ITS VICE CHANCELLOR, AND 2 OTHERS
- Decided
Holding
The petition was dismissed as infructuous because the death of the petitioner extinguished the cause of action.
Summary
The petitioner, Mohd. Nihal, filed a writ petition in the Allahabad High Court seeking relief. During proceedings, counsel informed the court that the petitioner had died. The respondent's counsel raised no objection to the petition being dismissed on that ground. The court held that the death of the petitioner extinguished the cause of action, rendering the petition infructuous. Consequently, the petition was dismissed as infructuous.
Issues considered
- Whether a writ petition can continue after the death of the petitioner
Subjects
- writ petition
- death of petitioner
- infructuous
- cause of action
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 26585 of 2018
Mohd. Nihal
.....Petitioner(s)
Versus
Aligarh Muslim University, Aligarh Through Its
Vice Chancellor, And 2 Others .....Respondent(s)
Counsel for Petitioner(s) : Hemant Kumar
Counsel for Respondent(s) : Shashank Shekhar Singh
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. This writ petition is of the year 2018 and today it is listed under the
heading of "WRITS LIKELY TO HAVE BECOME INFRUCTUOUS
(EFFLUX OF TIME)".
2. Sri Hemant Kumar, learned counsel for petitioner, at the outset,
submits that he has received instruction that petitioner has expired,
therefore, this writ petition may be dismissed as infructuous.
3. Sri S.S. Singh, learned counsel for respondents has no objection.
4. In view of above, since petitioner has expired, therefore, cause does not
survive. A prayer to challenge to result for participation is interview
cannot be accepted.
5. Accordingly, writ petition is dismissed as infructuous.
(Saurabh Shyam Shamshery,J.)
May 7, 2026
N. Sinha
Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad
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