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HIGH COURT OF MEGHALAYA AT SHILLONG
H.S. Thangkhiew, J.
Lucas Morrow Mohan - Appellant
Versus
State of Meghalaya & Ors. - Respondents
WP(C) No. 246 of 2017
Decided On : 17-09-2021
Prayer - Disposal of Matter - The court allowed the prayer of the petitioner to close the matter due to the petitioner's demise.
Fact of the Case:
The writ petitioner has expired during the pendency of the proceedings.
Finding of the Court:
The court allowed the prayer and disposed of the matter.
Issues:
Ratio Decidendi: The court's decision was influenced by the petitioner's demise during the pendency of the proceedings.
Final Decision: The matter stands disposed of.
JUDGMENT
1. Matter taken up via Video Conferencing.
2. Mr. P.K. Borah, learned counsel for the petitioner submits that during the pendency of the instant proceedings, the writ petitioner has expired and prays that this matter may be closed.
3. Prayer is allowed, accordingly this matter stands disposed of.
The court allowed the closure of the matter due to the petitioner's demise.
When a petitioner explicitly states that the cause of action in a writ petition no longer survives, the court shall close the proceedings as infructuous.
N/A
A legal matter may be dismissed as moot if the underlying issue is no longer operative.
Writ petitions that become infructuous are to be dismissed, with no actionable issue remaining for adjudication.
A writ petition becomes infructuous when the relief sought is no longer necessary.
The court determined that disputes in a writ petition may be closed without adjudication on merits if the parties agree.
The Court can close a writ petition if the disputes raised do not require adjudication on merits.
A writ petition can be closed as withdrawn or infructuous upon the parties recording an amicable settlement of the underlying dispute.
The court may close a petition if the parties agree that the matter is resolved.
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