Smt. Akbar Sulthana Begum vs Shaik Saidulu Died And 6 Others
2021 Latest Caselaw 3165 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                       AND
         THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY


                   WRIT APPEAL No.461 of 2021

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


      This writ appeal is arising out of order dated 30.06.2021

passed in W.P.No.17934 of 2018 by the learned Single Judge.

      At the outset, learned counsel for the appellant has

informed this Court that the learned Single Judge has passed

order in respect of the petitioner, who was not alive on the

date the order was passed and no legal representatives of the

petitioner was brought on record.

      In the considered opinion of this Court, once an order

has been passed in respect of a dead person, the same

deserves to be set aside. Therefore, the order passed by the

learned Single Judge is set aside. However, parties shall be

free to file an appropriate application for substitution of legal

representatives in the writ petition before the learned Single

Judge.

      With the aforesaid, the writ appeal is allowed.

      Miscellaneous petitions, if any, pending in this writ

appeal shall stand closed. There shall be no order as to costs.


                                         __________________________________
                                          SATISH CHANDRA SHARMA, CJ


                                               ______________________________
                                               A. RAJASHEKER REDDY, J
01.11.2021

ES