HIGH COURT OF JUDICATURE AT ALLAHABAD Girja Pd.

.....Petitioner(s)

Versus D.D.C.

.....Respondent(s)

Counsel for Petitioner(s) : A.K. Rai, Anil Kumar Rai, Gauri Shanker Mishra, Sn Singh, V.K. Singh, Vishnu Singh Counsel for Respondent(s) : P.K. Upadhyay, Ramesh Singh, SC, Vks Chaudhary Court No. - 39 (SN.1)

HON'BLE ANISH KUMAR GUPTA, J.

Order on Civil Misc. Delay Condonation Applications and Order on Civil Misc. Substitution Application

1. The instant writ petition was filed by the original petitioners, namely (i) Girja Prasad s/o Thakur Prasad, (ii) Adi Nath s/o Achaiber, and (iii) Rajmani s/o Jamuna, against (i) Deputy Director of Consolidation, Jaunpur, (ii) Settlement Officer of Consolidation, Jaunpur and (iii) Consolidation Officer, Tehsil Mariyahun, District- Jaunpur and Respondent No.4, Shitla Prasad s/o Jagarnath.

2. During the pendency of the instant petition, petitioner no.1 has died. Thereby, Substitution Applications being filed for bringing on record the Legal Representatives (LRs) of petitioner no.3, which was allowed vide order dated 16.01.1994 and in place of petitioner no.3 (Rajmani), his LRs, namely 3/1 Jagdish Mishra, 3/2 Rai Saheb Mishra, and 3/3 Lal Sahab were substituted.

3. Likewise, the petitioner no.1, one Girja Prasad has also died during the pendency of the instant petition and on Substitution Applications being filed and allowed vide order dated 23.04.1997, his son being the sole LR, Munni Raj Mishra was brought on record as petitioner no.1/1.

4. Likewise, the respondent no.4, Shitla Prasad has also died during the pendency of the instant petition and on Substitution Applications being filed, the same was allowed vide order dated 16.11.1994 bringing on record his LRs as 4/1 Ram Siromani, 4/2 Rajit Ram. Subsequently, the respondent no. 4/2, Ranjit Ram has also died and on Substitution Application being filed, which was allowed on 12.01.2011, his LRs namely respondents no. 4/2/1 Tribhuwan Mishra, 4/2/2 Vijay Kumar Mishra, 4/2/3 Triloki Nath Mishra, 4/2/4 Jata Shankar Mishra were brought on record.

5. Subsequently, upon death of petitioner no.2, Adi Nath, on 16.07.2013, the Substitution Application No. 279402 was filed for bringing on record of LRs of petitioner no.2. The said application was allowed vide order dated 01.11.2017. However, while allowing the said application it was observed that let heirs of respondent no. 4/1 be brought on record. Instead of the LRs of petitioner no.2, for which the application no. 279402 was filed.

6. Since, the Substitution Application on behalf of the petitioner no.2 being application no. 279402 was already allowed, it is directed that the LRs of petitioner no.2, namely 2/1 Sadhana Devi w/o Dhirendra Kumar, 2/2 Kiran Devi w/o Jitendra Kumar and 2/3 Dharmendra Kumar s/o Basant Kumar be brought on record.

7. Now, it appears that another application for substitution of LRs of petitioner no.2, Adi Nath s/o Achaiber who had died on 16.07.2013 was also filed on the basis of a Will allegedly executed by the petitioner no.2 in favor of his daughter, namely Smt. JaI Devi w/o Prabha Shankar alias Prabhakar Shukla.

8. The said application was filed through Sri Gauri Shankar Mishra, learned counsel for the proposed LR, Smt. Jai Devi along with an application for condonation of delay being the Delay Condonation Application No. 371432 of 2013 and Substitution Application No. 371433 of 2013.

9. On both the aforesaid applications, notices were issued on 01.11.2017. However, as per the office report as updated on 18.02.2026, no steps have been taken by Sri Gauri Shankar Mishra on the aforesaid Substitution Application till date and even today he is not present in Court even in the revised call.

10. In view thereof, the Delay Condonation Application No. 371432 and Substitution Application No. 371433 are hereby dismissed for want of prosecution

11. Further, another Substitution Application being Substitution Application No. 89150 of 2017 has been filed through Sri A.K. Rai, Advocate, bringing on record