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Leela Devi vs. State of H.P. & Ors. CWPOA No. 3655 of 2020 along with CWPOA Nos.3658, 3660, 3661, 3664, 3665, 3666, 3668, 3669 3671, 3673, 3677, 3679, 3680, 3682, 3683, 3685, 3686, 3689, 3691, 3694, 3697, 3699, 3701, 3702, 3704, 3705, 3707, 3708, 3710, 3712, 3713, 3716, 3719, 3721, 3723, 5893, 5906, 5907, 5911, 5914, 5917, 5921, 5923, 5927, 5940, 5943, 5946, 5948, 5950, 5966 of 2020. 04.04.2025 Present: Mr. Suresh Kumar Sharma, Advocate and Mr. Ashok K. Verma, Advocate, for the petitioners. Mr. Pratush Sharma, Additional Advocate General, for the respondents-State. CMP(M) Nos. 460 and 457 of 2025 in CWPOA No. 3712 of 2020. No reply is sought to be filed. Original petitioner Dhan Dev is stated to have died on
01.07.2023. He is survived by his wife and two sons as detailed in para-2 of the application.
2. It is averred that initially, the original application was filed before the erstwhile H.P. State Administrative Tribunal. On 07.08.2024, the matter was listed in this Court and on that day none had appeared for the petitioner and actual date notice was issued to the counsel for the petitioner by this Court. On receipt of such notice, the counsel had communicated with the petitioner regarding further instructions in the case and at that stage it came to the knowledge of the learned counsel that the petitioner had died.
At that stage, legal representatives of the petitioners were associated,
who got prepared the applications. On such premise the delay is sought to be condoned.
3.
Learned counsel for the applicant has submitted that the applicants were not aware of the intercacies of law and for such reason they could not by themselves report the factum of death of original petitioner to the counsel or the Court.
4. Contents of the applications are supported by affidavit. There is nothing on record to belie its contents. Accordingly, the applicants have been able to make out a case showing sufficient cause for condonation of delay.
5. In result, the applications are allowed and the legal representatives of deceased petitioner as detailed in para-2 of the application are ordered to be added as petitioner No1(a) to 1(c). Amended memo of parties has already been filed and the same is taken on record. Both the applications stand
disposed of. CMP(M) Nos. 458 and 459 of 2025 in CWPOA No. 5914 of 2020
6. By way of these applications a prayer has been made to implead the legal representatives of deceased petitioner No.5 as detailed in paragraph No.2 of the application. 7. Petitioner No.5 is stated to have died on
17.01.2024. It is averred that when the actual date notice was issued by this Court and served on the
counsel for petitioner No.5, he tried to establish contact with the said petitioner and came to know that he had already died on 17.01.2024. Thereafter, steps were taken and the requisite applications were filed. 8. Applications are duly supported by affidavits. No reply has been filed and there is nothing contrary to suggest that the averments made in the applications are false. Accordingly, both the applications are allowed and the deceased petitioner No.5 is ordered to be substituted by his legal representatives as detailed in para-2 of the application as petitioner Nos. 5(a) and 5(b). Both the applications stand disposed of. Amended memo of representatives be filed. CMP-T No. 114 of 2025 in CWPOA No. 5914 of 2020. 9. By way of this application, name of petitioner No.7 is sought to be deleted on the ground that he has died and none has come forward for taking appropriate steps to bring on record his legal heirs, if any,
10. The application in the present form cannot be maintained. The other petitioners cannot seek deletion of deceased petitioner No.7. Accordingly, the application is dismissed as not maintainable. 11. However, since petitioner No.7 is stated to have died and no steps have been taken for his representation, the petition qua him has abated. Accordingly, the instant CWPOA No. 5914 of 2020 qua petitioner No.7 is dismissed as abated. CWPOA No. 3673 of 2020. 12. Mr. Suresh Kumar Sharma, learned counsel earlier representing the sole petitioner Prakash Chand has informed the Court that Shri Prakash Chand had died and despite his efforts none has come forward to take steps for further prosecution of the petition. In such circumstances, when the petitioner has already died and no steps have been taken for his representation, the petition stands abated. Accordingly, the instant petition is dismissed as abated.
CWPOA No. 3655 of 2020 along with CWPOA Nos.3658, 3660, 3661, 3664, 3665, 3666, 3668, 3669 3671, 3677, 3679, 3680, 3682, 3683, 3685, 3686, 3689, 3691, 3694, 3697, 3699, 3701, 3702, 3704, 3705, 3707, 3708, 3710, 3712, 3713, 3716, 3719, 3721, 3723, 5893, 5906, 5907, 5911, 5914, 5917, 5921, 5923, 5927, 5940, 5943, 5946, 5948, 5950, 5966 of 2020. 13. At the request of learned Additional Advocate General, list on 25th April, 2025. (Satyen Vaidya) Judge 4th April, 2025. (Jai)