Substitution of legal heirs in a pending case is permissible when justified, ensuring continuance of legal proceedings despite the death of the original petitioner.

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

4 09-12-2025 Re: I. A. Nos. 01 of 2025 and 02 of 2025 These interlocutory applications have been filed by the applicant, Saroj Kumar Singh, son of the sole petitioner, who died on 28.02.2023, for condoning the delay of two years and four months in filing the substitution petition for substituting the legal heirs of the deceased petitioner (in I.A. No. 01 of 2025) and also, for substituting the legal heirs/representatives of the deceased-petitioner (in I.A. No. 02 of 2025).

2. Learned counsel appearing on behalf of the petitioner submits that the sole petitioner of the instant writ petition died on 28.02.2023, leaving behind his three sons, whose details have been mentioned in paragraph No. 5 of I.A. No. 02 of 2025. It is submitted that the deceased petitioner was the Karta-Dharata of his family and, during his lifetime, the applicants were not taking any interest in family matters. Recently, the applicants learnt from the villagers that their father had filed a Writ Petition before the Hon'ble Patna High Court seeking a direction to the respondents to make payment of the remaining compensation for the land in question acquired by the State Government. Thereafter, the applicants searched the almirah of their father and came to know about the instant case and the name of the learned advocate conducting the case. The applicants then contacted the learned counsel in the last week of September 2025, who advised them to file a Substitution Petition. It is further submitted that the instant Substitution Petition is being filed within time, therefore, there is no deliberate or intentional laches on the part of the applicants in filing this Substitution Petition. Accordingly, the delay, if any, in

3. There is no opposition to the prayer made by petitioner’s counsel.

4. Considering the averments made in these interlocutory applications and the submissions advanced by learned counsel for the petitioner, this Court finds that the delay in filing the substitution petition has been properly explained, so the delay occurred on the part of the petitioner in filing this substitution petition is hereby condoned.

5. The substitution petition is allowed.

6. Let the legal heirs of the deceased petitioner, whose details have been mentioned in paragraph No. 5 of the I.A. No. 02 of 2025, be substituted in place of the deceased-petitioner, Shri Anand Kishor Singh, in the instant writ petition.

7. Accordingly, I.A. Nos. 01 of 2025 and 02 of 2025 stand allowed.

C.W.J.C. No. 11696 of 2022

8. Put up this matter after three weeks under appropriate heading.

(Shailendra Singh, J)