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2002 Supreme(All) 1112

S.P.MEHROTRA
TARA DEVI (DECEASED BY L. RS. ) – Appellant
Versus
DISTRICT JUDGE, BASTI – Respondent


Advocates Appeared:
B.N.MISHRA, Dinesh Pathak, K.N.TRIPATHI, RAKESH PATHAK, T.N.HUKKU, TEJ BHAN PANDEY

S. P. MEHROTRA, J.

( 1 ) THIS writ petition has been filed by Smt. Tara Devi, Balram Prasad Tripathi, Krishna Jiwan Tripathi and Arjun Prasad Tripathi as petitioners Nos. 1, 2, 3 and 4, inter alia, praying for issuance of a writ, order or direction in the nature of certiorari quashing the order 14-10-1980 (Annexure No. 5 to the writ petition) passed by learned Munsif Khilalabad. Basti (respondent No. 2) and the order dated 12-11-1980 (Annexure No. 6 to the writ petition) passed by the learned District Judge, Basti (respondent No. 1 to the writ petition.

( 2 ) DURING the pendency of the writ petition, Smt. Tara Devi (petitioner No. 1) died, and in her place. Balram Prasad Tripathi (petitioner No. 2), Krishnajiwan Tripathi (petitioner No. 3) and Arjun Prasad Tripathi (petitioner No. 4) who were already on record, were substituted as the heirs and legal representatives of Smt. Tara Devi. The said Balram Prasad Tripathi, Krishnajiwan Tripathi and Arjun Prasad Tripathi are hereinafter referred to "as the petitioners".

( 3 ) THE facts relevant for deciding the controversy involved in the writ petition are follows :- it appears that certain properties belonged to one Ramdas Shukla, who was




















































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