Court No. - 21
Case :- WRIT - B No. - 29143 of 2007
Petitioner :- Bipat
Respondent :- Dy. Director Of Consolidation Jaunpur And Others
Counsel for Petitioner :- Ram Sagar Yadav
Counsel for Respondent :- C.S.C.,Lal Mani Bind,Shailendra Yadav
Hon'ble Dinesh Pathak,J.
Order on Civil Misc. Abatement Application NO. 3 of 2021 List revised.
No one is present for the petitioner.
Sri Shailendra Yadav, learned counsel for respondent nos. 3 to 7 is present.
An abatement application has been filed on behalf of respondent nos. 3 to 7 seeking dismissal of the present petition. In paragraph no. 3 of the application, it has been stated that the sole petitioner Bipat has expired on 25.3.2013.
It is submitted that vide order dated 8.7.2021, learned counsel for the petitioner was granted time to seek instruction, failing which abatement application was directed to be allowed. For ready reference, the order dated 8.7.2021 is quoted herein as under:
"Case called out. Learned counsel for the petitioner could not connect to the link provided by the High Court for online hearing, may be, due to technical issue, however, learned counsel for the contesting respondent and learned Standing Counsel for the State respondent is present.
Sri Shailendra Yadav, learned counsel for the respondents submits that in spite of the service of abatement upon the heirs of the deceased petitioner, neither counter affidavit nor, substitution application has been filed, accordingly, the writ petition is liable to be dismissed for want of prosecution at the end of the heirs of the deceased petitioner.
Learned counsel for the petitioner is granted six weeks' time to take instructions from the heirs of the deceased petitioner in the matter, failing which, the abatement application will be allowed.
List this matter on 24th August, 2021."
Till date neither any instruction nor substitution application has been filed on behalf of the petitioner.
In the light of order dated 8.7.2021, this Court has no option but to dismiss the writ petition, as prayed for.
Accordingly, the abatement application is allowed. The writ petition is dismissed.
Order on Petition The writ petition is dismissed as abated in view of order passed in Civil Misc. Abatement Application No. 3 of 2021.
Interim order, if any, stands vacated.
Order Date :- 24.8.2021 Kuldeep