Allahabad High Court
BALESHWAR DAYAL SHARMAversusPRINCIPAL SECY. NIYUKTI EVAM KARMIK ANUBHAG-3 AND OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The court rejected the condonation of delay and the substitution application, dismissing the writ petition as abated.
Summary
The petitioner, Baleshwar Dayal Sharma, died on 2 July 2017. His legal heirs filed a substitution application along with a request for condonation of delay in filing the same. The court observed that the affidavit supporting the delay provided only a vague explanation and found no sufficient cause to condone the delay. Consequently, the court rejected both the condonation of delay application and the substitution application. Since the original petitioner was deceased and the substitution was denied, the writ petition was dismissed as abated.
Issues considered
- Whether the delay in filing the substitution application can be condoned.
- Whether a substitution of parties is permissible after the death of the original petitioner.
Subjects
- substitution of parties
- condonation of delay
- writ petition
- abatement
- death of petitioner
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 12687 of 2010
Baleshwar Dayal Sharma
.....Petitioner(s)
Versus
Principal Secy. Niyukti Evam Karmik Anubhag-3
And Others .....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar, Ravindra Kumar
Srivastava, Vikas Mani Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 34
(Sl. N0. 30)
HON'BLE ANISH KUMAR GUPTA, J.
Re:- Civil Misc. Delay Condonation Application No. 02 of 2025
and Civil Misc. Substitution Application No. 03 of 2025.
1. The instant substitution application has been filed by the legal heirs
of the petitioner, who has reportedly died on 2.7.2017 alongwith an
application for condonation of delay. Very vague explanation has been
given in para-7 of the affidavit filed in support of the delay condonation
application. There is no sufficient cause for condoning the delay in
filing the substitution application.
2. Accordingly the delay condonation application is rejected.
Consequently the substitution application is also rejected.
Writ Petition.
1. Since the petitioner has already died and the substitution application
has been rejected, in such view of the matter, the instant writ petition
is dismissed as abated.
(Anish Kumar Gupta,J.)
September 16, 2026
n.u.
Digitally signed by :-
NASEEM UDDIN
High Court of Judicature at Allahabad
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