HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1127 OF 2014 DATED:3.9.2014 Between:
The Government of India Rep. by its Secretary Ministry of Home Affairs, Freedom Fighters Division 2nd Floor, NDCC-II Building Jai Singh Road New Delhi … Appellant And Vajrala Narayana Reddy and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT AAPPEAL NO.1127 OF 2014 JUDGMENT: (per the Hon’ble Sri Justice Sanjay Kumar) This writ appeal is preferred by the Government of India against the order of the learned single Judge dt.16.7.2014 passed in W.P. No.20733 of 2006.
The said writ petition was filed by the first respondent herein seeking grant of freedom fighters pension under Swatantra Sainik Samman Pension Scheme – 1980. It is now stated by Sri Srinivasa Rao Bodduluri, learned counsel who appeared for the first respondent/writ petitioner, that his client died during the pendency of the writ petition. In that view of the matter, the order under appeal, having been passed in favour of dead person, is a nullity in the eye of law. The writ petition would itself abate as the respondent/writ petitioner admittedly had no legal heirs to represent his estate. The order dt.16.7.2014 passed in W.P. No.20733 of 2006 is accordingly declared to be nullity.
The writ appeal is closed with the above observation. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 3.9.2014 bnr