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2025 DAILYLAW 10293 (ALL)

SANTOSH KUMAR RASTOGI v. STATE OF U.P. AND 4 OTHERS

WRIC/2074/2025 · 2025-01-22

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11398 Court No. - 33 Case :- WRIT - C No. - 2074 of 2025 Petitioner :- Santosh Kumar Rastogi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rahul Kumar Tyagi Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. Heard learned counsel for the petitioner and learned Standing Counsel for the State. Learned Standing Counsel has pointed out that Sri Santosh Kumar Rastogi as per impugned order dated 12.12.2024 has expired during the pendency of the proceedings before the revisional court and in this respect learned Standing Counsel has shown page no. 77 of the paper book. The writ petition is filed on behalf of Santosh Kumar Rastogi. Sri Santosh Kumar Rastogi as per impugned order has already died. The Vakalatnama has been executed by Santosh Kumar Rastogi on 15.01.2025. Although the impugned order was passed on 12.12.2024 recording that Santosh Kumar Rastogi has already died. Vakalatnama was accepted by learned counsel for the petitioner and there is a witness to the execution of Vakalatnama of a dead person who is Atul Rastogi, however, the writ petition has been filed in respect of a dead person is not known and how the counsel accepted the Vakalatnama in this respect. Sri Rahul Kumar Tyagi, Advocate, submits that the fault lies with his office. He does not dispute the fact that the writ petition has been filed on behalf of dead person. He submits that he extends unconditional apology for inconvenience caused to the Court. In view of the unconditional apology rendered by Sri Rahul Kumar Tyagi, Advocate, before this Court, the writ petition is dismissed on the ground that the petition has been filed by a dead person. Order Date :- 22.1.2025 K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad