Ram Chand vs . Enc & Ors.
2023 Latest Caselaw 10410 HP

Ram Chand Vs. ENC & ors.

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CWPOA No. 5990 of 2019

27.7.2023 Present: Ms. Reeta Goswami, Sr. Advocate, with Ms. Komal Chaudhary,Advocate, for the petitioner.

Mr. Manoj Chauhan, Additional Advocate General, for the respondent-State.

r to CMP(M) Nos. 865 & 868 of 2023

These applications have been filed for substitution

of petitioner Ram Chand through his legal heirs mentioned in

para-3 of CMP(M) No. 865 of 2023, with prayer to condone the

delay in filing the application [CMP(M) No. 868 of 2023] and

setting aside abatement, if any.

Copies of death certificate and legal heirs certificate

have been placed on record. Proposed applicants/petitioners are

in consonance with the legal heirs mentioned in the legal heirs

certificate.

For the reasons stated in the applications, the same

are allowed and the legal heirs mentioned in para-3 of CMP(M)

No. 865 of 2023 are ordered to be brought on record as petitioner

No.1(a) to 1(h), respectively in place of deceased petitioner Ram

Chand, after condoning the delay and setting aside abatement, if

any.

Applications stand disposed of.

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CWPOA No. 5990 of 2019

Amended memo of parties has already been filed.

Be taken on record at appropriate place.

Learned counsel for the petitioners submits that this

case is squarely covered by the judgment rendered by this Court

in LPA No. 165 of 2021, decided on 12.1.2023.

rLearned Additional Advocate General submits that

the aforesaid judgment has been assailed by the State by filing

SLP, therefore, the matter is yet to be adjudicated.

List for final hearing on 28.9.2023.

(Vivek Singh Thakur)

Judge

27th July, 2023

(Guleria)