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Allahabad High Court

KALIDAS AND 3 OTHERSversusSTATE OF U.P. THRU SECY. AND 2 OTHERS

Decided

Holding

The court held that the delay is condoned and the substitution of the legal heirs is allowed.

Summary

The petitioners Kalidas and three others filed a writ petition (WRIA No. 43100 of 2014) before the Allahabad High Court. During the pendency of the petition, petitioner No.1 died, necessitating a substitution application to replace the deceased with his legal heirs. The petitioners also filed a delayed application seeking condonation of the delay in filing the substitution application. The respondent No.3 did not object to either application and the court found the cause shown to be sufficient. Consequently, the court condoned the delay and allowed the substitution of the legal heirs, directing that the substitution be effected within ten days. The matter was listed for further compliance on 2 April 2026.

Issues considered

  • Whether the delay in filing the substitution application can be condoned under the principles of natural justice.
  • Whether the legal heirs of the deceased petitioner can be substituted in the pending writ petition.

Subjects

  • delay condonation
  • substitution of parties
  • legal heirs
  • writ petition
  • High Court of Allahabad

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - A No. - 43100 of 2014

Kalidas And 3 Others
                                                             .....Petitioner(s)
                                   Versus

State Of U.P. Thru Secy. And 2 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s)       : Hausila Prasad, Satya Prakash Mishra
Counsel for Respondent(s)       : C.S.C., Pankaj Srivastava, S.M.Shukla,
                                  Vineet Pandey

Court No. - 34
                 HON'BLE VIKRAM D. CHAUHAN, J.

In Re:Delay Condonation Application No.17 of 2022

This is an application for condonation of delay in filing the substitution
application.

Learned counsel for respondent no.3 has no objection.

Cause shown is sufficient.

The delay condonation application is allowed.

The delay in filing the substitution application is hereby condoned.

In Re:Substitution Application No.18 of 2022

This is an application for substitution of the legal heirs of petitioner no.1,
who died during pendency of the writ petition.

Learned counsel for respondent no.3 has no objection.

Cause shown is sufficient.

The substitution application is allowed.

Necessary substitution be carried out within ten days.

In Re:Memo of Petition
                                                                                           WRIA No. 43100 of 2014
                                                                   2


                                    Substitution application in respect of petitioner no.3 filed on 25.11.2019
                                    is not on record.

                                    Office to trace out the same and place it on record.

                                    List on 2nd April, 2026.



                                                                                      (Vikram D. Chauhan,J.)
                                    March 18, 2026
                                    Bhaskar




Digitally signed by :-
BHASKAR
High Court of Judicature at Allahabad


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