The court dismissed two writ petitions regarding disciplinary action against a deceased Mutthi because the cause of action did not survive. The death of the respondent during pendency precluded adjudication.
Writ Petitions dismissed as cause of action did not survive due to death of respondent.
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HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.38744 of 2014 and 7159 of 2015
ORDER:
When these matters are taken up, Sri P.Nagendra Reddy, learned Counsel for respondent No.4, represents that the proceedings in Rc.No.DP1/52077/2009 dated 17.05.2013 relate to initiation of disciplinary action against Sri Mahant Balveer Das Maharaj of Sri Ram Chandra Devasthanam Sangam Mutt for the alleged irregularities committed by him; during pendency of these writ petitions, Sri Mahant Balveer Das Maharaj died; and, therefore, the cause in the writ petitions does not survive for adjudication.
WPMP.No.43823 of 2017 in WP.No.38744 of 2014 is filed by the incumbent, Sri Mahanth Rahuldas Ji Maharaj, who stated that Sri Mahanth Balveer Das Maharaj died on 04.10.2017. This statement is not disputed.
In view of the same, the cause in the writ petitions does not survive for adjudication. Accordingly, the Writ Petitions are dismissed. It is needless to observe that, if the petitioner in WP.No.38744 of 2014 has any grievance against appointment of Sri Mahanth Rahul Das Ji Maharaj, he may avail appropriate remedies available to him under law.
Miscellaneous petitions, if any, pending in this writ petitions shall stand closed. No order as to costs.
___________________ P.NAVEEN RAO, J
Date: 06.03.2018 usd
2
1 issue framed by the court
Whether the cause of action survives for adjudication after the death of the original subject of the disciplinary proceedings.
Incumbent Sri Mahanth Rahuldas Ji Maharaj
Respondent No.4
P.NAVEEN RAO
As recorded by the court registry
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