Court No. - 21
Case :- WRIT - B No. - 7347 of 1997 Petitioner :- Bala Deen And Others Respondent :- D.D.C. Azamgarh And Ors. Counsel for Petitioner :- B.K.Gautam,A.P.Singh Counsel for Respondent :- C.S.C.,P.K.S. Paliwal
Hon'ble Dinesh Pathak,J.
List has been revised. None is present on behalf of the petitioners.
Sri P.K.S. Paliwal, learned counsel for the heirs and legal representatives of the respondent no. 2 and learned Standing Counsel for the respondent no. 1 are present. Learned counsel for the respondent no. 2 has filed abatement application dated 23.9.2020 for dismissing the present writ petition as abated on the ground of death of petitioner nos. 1, 2, 3 and sole respondent no. 2. It is further submitted by the learned counsel for the respondent no. 2 that present petition is arising out of chak allotment proceedings.
In the affidavit filed in support of the abatement application, it is stated by the deponent, who is son of the respondent no. 2, that petitioner no. 1 had died on 1.7.2017, petitioner no. 2 had died somewhere in the year 2000 and petitioner no. 3 had died 27 years back. It is further stated in the affidavit that sole respondent no. 2 had also died on 27.12.2015. It is next submitted that all the contesting parties i.e. petitioners as well as respondent no. 2 had died and present petition is already abated. Only formal order of dismissal is required to be passed in this matter. It is further stated that till date, no steps have been taken on behalf of the petitioners to bring the heirs and legal representatives on record.
Cause of action as involved in the present writ petition is failed, inasmuch as, no one survives to pursue the cause of action involved in the present matter.
There is no counter affidavit on record to contradict the aforesaid averment, as made in the affidavit filed in support of the abatement application.
In this conspectus as above, this Court has no option left but to dismiss the present revision as abated. Accordingly, this petition is dismissed as abated.
Before parting, it is needless to say that it will be open for the petitioners to move a recall/restoration application, in case, any fact mentioned in the affidavit filed in support of abatement application is proved to be wrong and present writ petition still survives.
Order Date :- 29.7.2021 A.P. Pandey