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Allahabad High Court

RAM KISHAN ALIAS KISHANversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition was dismissed as abated because the sole petitioner had died.

Summary

Ram Kishan alias Kishan filed a writ petition before the Allahabad High Court. During the hearing, counsel informed the court that the sole petitioner had died, rendering the petition infructuous. The court held that the death of the petitioner abates the proceeding. Consequently, the petition was dismissed as abated. No substantive merits of the petition were considered.

Issues considered

  • Does the death of a sole petitioner render a pending writ petition infructuous and liable to be dismissed as abated?

Subjects

  • writ petition
  • abated
  • death of petitioner
  • civil procedure
  • Allahabad High Court

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 48713 of 2015

                                    Ram Kishan Alias Kishan
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 3 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)        : Raj Kumar Shukla, Smt.Sarita Shukla
                                    Counsel for Respondent(s)        : C.S.C.

                                    Court No. - 39


                                    (Sl.No.300.74)

                                                     HON'BLE ANISH KUMAR GUPTA, J.

                                    1. Heard Smt. Sarita Shukla, learned counsel for the petitioner and Sri
                                    P.K.Shahi, learned Additional Chief Standing Counsel for the State.

                                    2. Learned counsel for the petitioner states that the sole petitioner has
                                    died. Thus, the instant petition has become infructuous.

                                    3. Accordingly, the instant petition is dismissed as abatted.



                                                                                      (Anish Kumar Gupta,J.)
                                    March 19, 2026
                                    Ashish Pd.




Digitally signed by :-
ASHISH PRASAD
High Court of Judicature at Allahabad


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