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Allahabad High Court

BALESHWAR DAYAL SHARMAversusPRINCIPAL SECY. NIYUKTI EVAM KARMIK ANUBHAG-3 AND OTHERS

Decided

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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