Allahabad High Court
PADMAKAR PANDEYversusSTATE OF U.P.AND 4 ORS.
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- DINESH PATHAK
Holding
The writ petition was dismissed as abated because the petitioner had died and no heirs or legal representatives were filed.
Summary
Petitioner Padmakar Pandey filed a writ petition before the Allahabad High Court. No counsel appeared for the petitioner. The respondent produced a copy of instructions indicating that the petitioner had died on 27 June 2023 and his wife on 6 April 2023. The court noted that no heirs or legal representatives of the deceased petitioner had been brought on record. In the absence of a representative, the court held that the petition could not proceed. Consequently, the writ petition was dismissed as abated.
Issues considered
- The petition can continue despite the death of the petitioner without a legal representative.
Subjects
- writ petition
- abated petition
- death of petitioner
- legal representative
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 64331 of 2013
Padmakar Pandey
.....Petitioner(s)
Versus
State Of U.P.And 4 Ors.
.....Respondent(s)
Counsel for Petitioner(s) : R.P.S.Chauhan
Counsel for Respondent(s) : C.S.C., Manoj Srivastava, Nishant
Mehrotra, Sachindra Upadhyay
Court No. - 33
HON'BLE DINESH PATHAK, J.
1. List revised. None is present on behalf of the petitioner.
2. Learned counsel for the respondent no.2 has produced copy of
instructions received from his office, today in the Court, which is taken on
record. Office is directed to proceed accordingly. He, based on the
instructions, submits that the petitioner died on 27.06.2023 and his wife
died on 06.04.2023. Till date, no steps have been taken to bring on record
the heirs and legal representatives of the sole petitioner.
3. In view of the above, instant writ petition is dismissed as abated.
(Dinesh Pathak,J.)
May 12, 2026
VR
Digitally signed by :-
VIBHA RATAN
High Court of Judicature at Allahabad
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