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2025 DAILYLAW 4127 (UTT)

STATE OF UTTARAKHAND THROUGH DISTRICT MAGISTRATE,CHAMOLI v. NARAYAN SINGH

WPMS/2581/2015 · 2025-06-09

Ashish Naithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS IA No.11891 of 2025 (Delay in substitution) IA No.11892 of 2025 (Substitution application) In WPMS No.2581 of 2015 Hon’ble Ashish Naithani, J. Mr. G.S. Negi, learned DAG for the State of Uttarakhand/petitioner. 2. Mr. Mukesh Rawat, learned counsel for the respondent. 3. The petitioner/State has filed the present writ petition as against the impugned judgment dated 23.09.2014. The challenge to the said judgment was given by the petitioner after one year, by filing the writ petition on 09.10.2015. On the date when the writ petition was preferred, the respondent herein was already predeceased, as he is resorted to have met with the sad demise on 20.09.2015. In fact, on the date when the writ petition was instituted, it was instituted as against the dead person and, hence, it was a nonest proceeding right from its inception. 4. After institution of the writ petition in 2015, now the substitution application has been filed in 2025, with a delay of 3284 days, praying to bring on record the heirs of the deceased respondent, who was predeceased even prior to the filing of the writ petition. 5. Since, the proceedings itself of the present writ petition happens to be against a dead person, it is a nonest proceeding in the eyes of law and no formal substitution application could be carried in a pending lis against a dead person, who has been arrayed as respondent. 6. In that view of the matter, the application for delay, as well as the substitution application stands rejected. The writ petition is dismissed as having abated, since preferred against a dead person in 2015. The dismissal will not preclude the petitioner to have his recourses as available under law. (Ashish Naithani, J) 09.06.2025 Nitesh/