Karamsatti v. State of U.P. and 6 Others

Court No. - 49 Case :- WRIT - B No. - 43215 of 2017 Petitioner :- Karamsatti Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Raghvendra Shankar Srivas Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi,Narendra Mohan,Pradeep Kumar Srivastava,Ramesh Chandra Tiwari Hon'ble Syed Qamar Hasan Rizvi,J. In Re: Civil Misc. Substitution Application No. 2 of 2021

¶1Heard Sri Awadhesh Singh, holding brief of Sri Raghvendra Shankar Srivastava, learned counsel for the petitioner, the learned Standing Counsel for the State-respondents and Sri Ramesh Chandra Tiwari, learned counsel for the private respondents.

¶2The instant application has been filed in respect of deceased-Karamsatti/petitioner.

¶3The substitution application is well within time.

¶4Let the word 'deceased' be mentioned against the name of Karamsatti-petitioner and her legal heirs as mentioned in the prayer clause of the substitution application be substituted as petitioner no. 1/1. Santosh Kumar Dubey, petitioner no. 1/2. Brijesh Kumar Dubey and petitioner no. 1/3. Sanjay Kumar Dubey.

¶5The application is accordingly, allowed.

¶6Learned counsel for the petitioner is permitted to carry out the necessary substitution in the array of parties during course of the day. In Re: Civil Misc. Delay Condonation Application No. 3 of 2023 along with Substitution Application No. 4 of 2023

¶1As per ofÏce report dated 08.05.2023/23.05.2023, Sri Narendra Mohan and Sri Ramesh Chandra Tiwari, Advocates, have filed Vakalatnama on behalf of proposed respondents no. 3/1, 3/2, 3/3, 3/4 and 3/5.

¶2Heard Sri Awadhesh Singh, holding brief of Sri Raghvendra Shankar Srivastava, learned counsel for the petitioner, the learned Standing Counsel for the State-respondents and Sri Ramesh Chandra Tiwari, learned counsel for the private respondents.

¶3The instant applications have been filed in respect of deceased-Chhote Lal/respondent no.3 along with application under Section 5 of Limitation Act.

¶4The explanation given for the condonation of delay in the afÏdavit is satisfactory.

¶5The delay in filing the substitution application is condoned.

¶6Let the word 'deceased' be mentioned against the name of respondent no. 3 and in his place the names of his legal heirs as mentioned in the prayer clause of the substitution application be substituted as respondent no.3/1. Rakesh, respondent no.3/2. Rajesh, respondent no.3/3. Akash, respondent no. 3/4. Nehal and respondent no. 3/5. Rekha.

¶7The applications are accordingly, allowed.

¶8Learned counsel for the petitioner is permitted to carry out the necessary substitution in the array of parties during course of the day. In Re: Civil Misc. Withdrawal Application No. 5 of 2023

¶1Heard Sri Awadhesh Singh, holding brief of Sri Raghvendra Shankar Srivastava, learned counsel for the petitioner, the learned Standing Counsel for the State-respondents and Sri Ramesh Chandra Tiwari, learned counsel for the private respondents.

¶2Learned counsel for the petitioners submits that the petitioners do not want to contest the matter any more and as such prayed for withdrawal of the writ petition.

¶3Learned Standing Counsel appearing for the State-respondents and Sri Ramesh Chandra Tiwari, appearing for the private respondents have no objection.

¶4Accordingly, the withdrawal application is allowed.

¶5In view of the order passed on Civil Misc. Withdrawal Application No. 5 of 2023, the writ petition is dismissed as withdrawn. Order Date :- 5.12.2023 Prajapati High Court of Judicature at Allahabad