Allahabad High Court
MOTI LAL GOELversusSTATE OF U.P. THRU. SECR. HOUSING AND URBAN DEVP. AND ORS.
- Decided
Holding
The petition cannot proceed and is consigned to the records due to the death of the sole petitioner without substitution.
Summary
Moti Lal Goel filed a writ petition (WRIT-C No. 23616 of 2010) before the Allahabad High Court challenging actions of the State of Uttar Pradesh. The petitioner failed to appear at a hearing, and the court ordered him to engage new counsel. An office report dated 13.01.2026 revealed that the original petitioner had died and no application for substitution had been filed. The court noted that without a legal representative or a substitution application, the petition could not proceed. Consequently, the court consigned the petition to the records, leaving open the possibility for a legal representative to seek restoration if the cause still survives.
Issues considered
- What is the procedural consequence when the sole petitioner in a writ petition dies without filing a substitution application?
Subjects
- Writ petition
- death of petitioner
- substitution of parties
- procedural law
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 23616 of 2010
Moti Lal Goel
.....Petitioner(s)
Versus
State Of U.P. Thru. Secr. Housing And Urban
Devp. And Ors. .....Respondent(s)
Counsel for Petitioner(s) : Ashutosh Srivastava
Counsel for Respondent(s) : Shyam Mani Shukla, Anoop Trivedi
(Senior Adv.), C.S.C., Mahendra
Pratap, Premchand, Qazi Vakil Ahmad,
Satendra Pratap Singh, Suresh C.
Dwivedi, Tejasvi Misra, V.B. Mishra
Court No. - 3
HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE VIVEK SARAN, J.
1. List revised.
2. None appears for the petitioner. However, Sri J.N. Maurya, learned
Standing Counsel, Sri Qazi Vakil Ahmad, Sri Shyam Mani Shukla along
with Sri Ankit Gaur, learned counsel for the respondents are present.
3. In compliance to the last order, notice was issued to the petitioner to
engage another counsel.
4. Office report dated 13.01.2026 reveals, notices were dispatched.
However, it has been reported, the original petitioner is dead.
5. Since the sole petitioner is dead as also there is no substitution
application, the present petition is consigned to records. It is left open to
the legal representative of the deceased petitioner to file restoration of the
proceedings, if cause survives.
(Vivek Saran,J.) (Saumitra Dayal Singh,J.)
March 18, 2026
Anurag/-
Digitally signed by :-
ANURAG JAISWAL
High Court of Judicature at Allahabad
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