Allahabad High Court
MITHLESH SHAKYA (DECEASED)versusSTATE OF U.P. AND ANOTHER
- Decided
Holding
A writ petition filed in the name of a deceased person is defective and may be withdrawn.
Summary
The petitioner filed a writ petition in the High Court of Allahabad in the name of the deceased, Mithlesh Shakya, seeking relief against the State of U.P. No amendment application was filed, and the stamp reporter did not note any defect. The court examined whether a petition filed in the name of a deceased person is maintainable. It held that the petition was clearly defective as the cause of action could not accrue to a deceased person. The petitioner was permitted to withdraw the petition and was given liberty to file a fresh petition on behalf of a proper legal representative. Consequently, the writ petition was dismissed as withdrawn, and the stamp reporter was directed to make the necessary correction in future filings.
Issues considered
- What is the effect of filing a writ petition in the name of a deceased person on its maintainability?
Subjects
- writ petition
- deceased petitioner
- procedural defect
- withdrawal
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT TAX No. - 3564 of 2026
Mithlesh Shakya (Deceased)
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Akhil Agnihotri
Counsel for Respondent(s) : C.S.C.
Court No. - 39
HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Amendment application has yet not been filed. The writ petition is
clearly defective inasmuch as it has been filed in the name of a deceased
person. The stamp reporter has also not reported any defect on that count.
2. At this stage, learned counsel for the petitioner prays and is permitted
to withdraw this petition with liberty to file a proper petition on behalf of
a person to whom the cause of action may have accrued.
3. The writ petition is dismissed as withdrawn.
4. Let a copy of the order be communicated to the stamp reporter to make
due correction in future.
(Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
September 8, 2026
Shiv
Digitally signed by :-
SHIV KUMAR SHARMA
High Court of Judicature at Allahabad
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