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High Court of Jammu and Kashmir · body

2012 DAILYLAW 843 (JK)

DEV RAJ BALI AND ORS. v. STATE TH.FINANCE DEPTT.AND ORS.

CONSW/38/2017 · 2026-02-03

Sanjay Dhar

body2012

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU SWP No. 1363/2012 IA Nos. 2091/2012, 2289/2012 & 1/2017 c/w CONSW No. 38/2017 Dev Raj Bali & Ors. …..Petitioner(s) Through: Ms. Anandita Thakur, Advocate. Vs State of J&K & Ors. .….Respondent(s) Through: Ms. Chetna Manhas, Advocate vice Mrs. Monika Kohli, Sr. AAG. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (03.02.2026) CONSW No. 38/2017 & IA No. 1/2017 01. Through the medium of present order, both the aforesaid applications, one for condonation of delay in filing the application for bringing on record the legal heirs of deceased-petitioner No. 45 and other for bringing on record the legal heirs of deceased- petitioner No. 45 are proposed to be disposed of. 02. It is the case of the applicants who claim to be the legal heirs of deceased-petitioner No. 45 that they did not have knowledge about filing of the present petition and it was only on 07.10.2017 that petitioner No. 1-Dev Raj Bali contacted them and informed them about the pendency of the writ petition whereafter they contacted their counsel and filed the present applications. Serial No. 19 Regular List 2 SWP No. 1363/2012 03. As per the applicants, the deceased-petitioner No. 45 has left behind five legal heirs, namely, 1) Mst. Rehmat Begum (Widow), 2) Sh. Waqar Younis, 3) Sh. Ajaz Ahmed (Sons), 4) Mst. Maniza Khanuu, 5) Mst. Farzana Kousar (Daughters). 04. No reply has been filed by the respondents despite these applications having been filed way back in the year 2017, therefore, the assertions made in the application have remained un-rebutted. 05. Having regard to the reasons assigned in the application for condonation of delay, the same is allowed and the abatement of the writ petition as against deceased-petitioner No. 45 is set aside. 06. The application for bringing on record the legal heirs of deceased-petitioner No. 45 is also allowed and above named legal heirs of deceased-petitioner No. 45 upon whom right to sue has survived, are impleaded as petitioner No. 45 (a) to 45 (e) respectively. 07. Amended memo of parties shall be filed by the petitioners. 08. Both applications stand disposed of. 09. List the main petition for further proceedings on 24.02.2026. (SANJAY DHAR) JUDGE JAMMU 03.02.2026 Shivalee