Allahabad High Court
MOTI LAL GOELversusSTATE OF U.P. 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 before the Allahabad High Court. The petitioner died before the hearing and no application for substitution of legal representative was filed. The court noted that notices had been dispatched but the original petitioner was deceased. In the absence of a substitute party, the court could not proceed with the petition. Consequently, the petition was consigned to the records, leaving open the possibility for a legal representative to seek restoration if the cause still subsists.
Issues considered
- Can a writ petition continue in the absence of the petitioner and without a substitution application?
Subjects
- writ petition
- death of petitioner
- substitution of parties
- consignment to records
- restoration of proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 30530 of 2010
Moti Lal Goel
.....Petitioner(s)
Versus
State Of U.P. And Ors.
.....Respondent(s)
Counsel for Petitioner(s) : Ashutosh Srivastava
Counsel for Respondent(s) : Anoop Trivedi (Senior Adv.), C.S.C.,
Jagannath Maurya, Mahendra Pratap,
Prem Chand, Qazi Vakil Ahmad,
Shyam Mani Shukla, 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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