Legal representatives must be substituted in ongoing proceedings upon the death of a party to ensure proper continuation of the case.

ORDER :

RAJESH SHANKAR, J.

I.A. No.2273 of 2024:

1. The present interlocutory application has been filed by the applicants-sons of the original petitioner-Sadik Miyan for their substitution in this case.

2. Learned counsel for the applicants submits that the original petitioner-Sadik Miyan has died during the pendency of the writ petition on 12^th August, 2017 leaving behind six sons (the applicants) as his heirs/legal representatives. Hence, they may be permitted to be substituted in place of the deceased petitioner.

3. Pursuant to the order dated 5^th August, 2024, a supplementary counter affidavit has been filed on behalf of the respondent no.6.

4. Mr. Sanjay Kumar Tiwari, learned S.C.-I, refers to paragraph no.7 of the supplementary counter affidavit filed on behalf of the respondent no.6, which reads as under:

“7. That in compliance of the order dated 05.08.2024, an enquiry was conducted for the same through holding a Gram Sabha at Panchayat Bhawan, Ghutua on 20.08.2024. It was found that Sadik Miyan died on 12.08.2017 leaving behind six sons namely 1) Kayum Ansari 2) Kudus Ansari 3) Md. Manzoor Ali 4) Anwar Hussain 5) Mahtab Alam 6) Intaf Alam and two daughters 1) Sabila Khatoon 2) Zabila Khatoon which is evident from the minutes of the meeting held at Panchayat Bhawan, Ghutua on 20.08.2024 under the chairmanship of one Fatima Khatoon, Ward Councillor of Municipal Council, Ramgarh.

Photocopies of report dated 14.08.2024, the minutes of the meeting along with photocopies of the Aadhar Card are being annexed herewith and marked as Annexure A series to this supplementary counter affidavit.

5. It is, thus, submitted by learned S.C.-I that in addition to the applicants, two daughters of the deceased petitioner namely Sabila Khatoon and Zabila Khatoon may also be substituted in place of the deceased petitioner.

6. Having heard learned counsel for the parties, let six sons of the deceased petitioner (the applicants) and two daughters namely Sabila Khatoon and Zabila Khatoon be substituted in place of the deceased petitioner.

7. Learned counsel for the applicants is permitted to make necessary substitution in the cause title of the writ petition in course of the day.

8. I.A. No.2273 of 2024 is, accordingly, disposed of.

W.P. (C) No.5821 of 2013:

9. Learned counsel for the applicants submits that Vakalatnama on behalf of the newly substituted petitioner nos.1 to 6 has already been filed along with the aforesaid interlocutory application. He undertakes to file Vakalatnama on behalf of the newly substituted petitioner nos.7 & 8 within two weeks.

10. Put up this case under the heading “For Admission” after six weeks.