Allahabad High Court
MOTI LAL GOELversusSTATE OF U.P. AND ORS.
- Decided
Holding
The petition was consigned to the records due to the death of the sole petitioner and the absence of a substitution application.
Summary
Moti Lal Goel filed a writ petition before the Allahabad High Court. The petitioner did not appear, and the court directed him to engage new counsel. An office report later revealed that the petitioner had died, and no application for substitution was filed. Since the sole petitioner was deceased and no representative sought to continue the case, the court consigned the petition to the records. The court left it open for any legal representative of the deceased to file a restoration application if the cause of action still exists.
Issues considered
- Can a writ petition proceed when the sole petitioner is deceased and no substitution application is filed?
Subjects
- petition
- death of petitioner
- substitution of counsel
- restoration of proceedings
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 28824 of 2010
Moti Lal Goel
.....Petitioner(s)
Versus
State Of U.P. And Ors.
.....Respondent(s)
Counsel for Petitioner(s) : Ashutosh Srivastava, J.P.Pandey
Counsel for Respondent(s) : Shyam Mani Shukla, C.S.C., Pranjal
Mehrotra, Prem Chandra, Rynkaj Rai,
Suneet Kumar
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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