Maharaj Bahadur vs A.D.C. on 6 January, 2010

Court No. - 3

Case :- CONSOLIDATION No. - 2746 of 1987

Petitioner :- Maharaj Bahadur
Respondent :- A.D.C.
Petitioner Counsel :- Avadhesh Kumar
Respondent Counsel :- C.S.C.,Deepak Sinha,J.K.Sinha,N.S.Yadav

Hon'ble Shri Narayan Shukla,J.

C.M.Application No.40 (W) of 2000

the applicants/opposite parties 3 and 4 submitted that the petitioner No.1 has
expired on 9th of June, 1990, but till date no application for substitution has
been filed to substitute his legal heirs in his place. So far as petitioner No.2 is
concerned the writ petition has not been presented on his behalf as neither his
signature is thereon on the ‘Vakalatnama’ nor on affidavit. Accordingly he
submits that the writ petition is abated and is liable to be dismissed.

Upon perusal of the record I find force in the submission of the learned
counsel for the petitioner, therefore, keeping in view the aforesaid facts I
hereby dismiss the writ petition.

Order Date :- 6.1.2010
Banswar