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2025 DAILYLAW 54160 (ALL)

VIKAS KUMAR v. STATE OF U.P. AND 2 OTHERS

WRIC/14503/2025 · 2025-05-07

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74302 Court No. - 33 Case :- WRIT - C No. - 14503 of 2025 Petitioner :- Vikas Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kant Shukla Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The recovery citation dated 31.10.2023 issued under the signature of respondent no.3-Tehsildar, Tehsil-Sadar, District Mirzapur addressed to the father of the petitioner namely late Lakshman is under challenge. 2. It is argued by counsel for the petitioner that father of the petitioner had died on 22.01.2025 and the copy of the death certificate is appended as annexure-1 to the writ petition. It is further argued that respondent authorities are harassing the petitioner pursuant to the aforesaid recovery citation. 3. Heard learned counsel for the parties and perused the records. 4. From perusal of the record it appears that recovery citation, which is under challenge in the present writ petition was issued against one late Lakshman, who has already died on 22.01.2025. 5. In this view of the matter, the Court is of the opinion that the recovery citation could not be permitted to continue any further against dead person. Hence the recovery citation dated 31.10.2023 issued under the signature of respondent no.3 is liable to be set aside and the same is hereby set aside. 6. The writ petition is allowed. However, this order will not restrain the respondents to initiate proceedings, if so advised, against the legal heirs of the deceased. Order Date :- 8.5.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad