Sushil Kumar and Others v. State of U.P. Thru Secy. Revenue Deptt. U.P. and Others

Court No. - 18 Case :- WRIT - B No. - 1001298 of 2013 Petitioner :- Sushil Kumar And Others Respondent :- State Of U.P. Thru Secy. Revenue Deptt. U.P. And Others Counsel for Petitioner :- Ravi Nath Tilhari,Akshat Kumar,Ravi Nath Tilhari,Sanjay Kumar Srivastava,Sonu,Yogesh Kesarwani Counsel for Respondent :- C.S.C.,Ram Kr. Singh Hon'ble Shree Prakash Singh,J. Order on Application for Substitution No. 13294 of 2019 application dated 28.01.2019 and submitted that petitioner no.6, namely, Ajay Kumar died on 11.11.2018 leaving behind his wife, Smt. Suman Gupta, sons Aman Gupta, Mukul Gupta and daughters Namita Gupta and Nayan Gupta. He thus submits that he may be permitted to substitute the names of Smt. Suman Gupta, Aman Gupta, Mukul Gupta, Namita Gupta and Nayan Guptain place of name of petitioner no. 6 as petitioner no.6/1, 6/2, 6/3, 6/4 and 6/5 respectively. substitution dated 28.01.2019 is allowed. mentioned in para 3 affidavit filed in support of the application for substitution, within fifteen days. Order on Application for Substitution No.6153 of 2020 application dated 05.02.2020 and submitted that petitioner no.1, namely, Sushil Kumar died on 06.11.2019 leaving behind wife Smt. Manju Gupta and sons Pawan Gupta and Deepak Gupta. He thus submits that he may be permitted to substitute the names of Smt. Manju Gupta, Pawan Gupta and Deepak Gupta in place of name of petitioner no.1, namely Suil Kumar as petitioner nos. 1/1, 1/2 and 1/3. substitution dated 05.02.2020 is allowed. mentioned in para 3 of the affidavit filed in support of the application for substitution, within fifteen days. Order on Application for Substitution No. 18154 of 2020 application dated 10.02.2020 and submitted that petitioner no.4, namely, Rajnish Kumar died on 12.11.2019 leaving behind Smt. Rama Gupta and son Rishabh Gupta. He thus submits that he may be permitted to substitute the name of Smt. Rama Gupta and Rishabh Gupta in place of name of petitioner no. 4, namely, Rajnish Kumar, as petitioner nos. 4/1 and 4/2. substitution dated 10.02.2020 is allowed. mentioned in para 3 of the affidavit filed in support of the application for substitution, within fifteen days. Order on Application for Substitution No.18168 of 2020 application dated 10.02.2020 and submitted that opposite party no.11 (ii), namely, Raju Gupta @ Raj Kumar died on

30.12.2019 leaving behind wife Smt. Somwati. He thus submits that he may be permitted to substitute the name of Smt. Somwati in place of names of opposite party no.11 (ii) as opposite party no.11 (ii) (a). substitution dated 10.02.2020 is allowed. mentioned in para 4 of the affidavit filed in support of the application for substitution, within fifteen days. Order on Application for Delay No. 12 of 2022 Learned counsel for the applicant/applicants is pressing application dated 16.05.2022 and submitted that delay in moving the application for substitution dated 16.05.2022 may be condoned for the reasons explained in the affidavit filed in support of the application for condonation of delay. In view of the aforesaid, delay in filing the substitution application is condoned. Application for delay dated 16.05.2022 stands disposed of accordingly. Order on Application for Substitution No.13 of 2022 application dated 16.05.2022 and submitted that petitioner no.8, namely, Yougendra Nath died on 02.05.2001 leaving behind wife Smt. Kusuma Devi, daughter Smt. Arti Gupta sons Anurag Gupta, Pankaj Gupta and Sandeep Gupta. He thus submits that he may be permitted to substitute the names of Smt. Kusuma Devi, Smt. Arti Gupta, Anurag Gupta, Pankaj Gupta and Sandeep Gupta in place of names of petitioner no.8 as petitioner nos.8/1, 8/2, 8/3, 8/4 and 8/5. substitution 16.05.2022 is allowed. mentioned in para 2 of the application for substitution, within fifteen days. Order on Application for Substitution No.14 of 2022 application dated 16.05.2022 and submitted that opposite party no.14, namely, Smt. Vidya Devi died on 24.03.2022 leaving behind son Subhash Gupta and daughters Mrs. Meena Gupta, Mrs. Vijay Lakshmi Gupta and Mrs. Rubi Gupta. He thus submits that he may be permitted to substitute the names of Mrs. Meena Gupta, Mrs. Vijay Lakshmi Gupta and Mrs. Rubi Gupta in place of name of opposite party no.14 as opposite party nos. 14/1, 14/2, 14/3 and 14/4. substitution

16.05.2022

is

allowed.

mentioned in para 1 of the application for substitution, within fifteen days. Order on Application for Correction No. 18 of 2023 application dated 25.09.2023 and submitted that due to typographical error, in application for substitution dated

16.5.2022, 'petitioner no.3' has wrongly been typed as 'petitioner no.7' in all places. He, therefore, submits that he may be permitted to correct 'petitioner no. 7' as ' petitioner no. 3' in all places in the substitution application. In view of the aforesaid submissions, petitioners are permitted to correct 'petitioner no.7' as 'petitioner no.3' in all places in the substitution application during the course of day. Order on Application for Substitution No.15 of 2022 application dated 16.05.2022 and submitted that petitioner no.3, namely, Rajesh Kumar died on 02.05.2022 leaving behind Smt. Rajni Gupta, Smt. Neha Gupta, Smt. Juhi Gupta, Isha Gupta and Shania Gupta. He thus submits that he may be permitted to substitute the names of Smt. Rajni Gupta, Smt. Neha Gupta, Smt. Juhi Gupta, Isha Gupta and Shania Gupta in place of name of petitioner no.3 as petitioner nos.3/1, 3/2, 3/3, 3/4 and 3/5. substitution 16.05.2022 is allowed. para 1 of the application for substitution, within fifteen days. Order on Writ Petition Sri Sanjay Kumar, learned counsel for the petitioners submits that he may be permitted to withdraw instant petitioner. private respondents have no objection to the submissions. In view of the aforesaid submissions, instant petition is dismissed as withdrawn. Interim order, if any, stands vacated. Consigned to the records. Order Date :- 11.12.2023 Ram Murti High Court of Judicature at Allahabad, Lucknow Bench