Dhanraj Ambadasrao Suryawanshi Died Thr Lrs v. The Secretary Dnyandan Shikshan Prasarak Mandal Latur And Others

2024:BHC-AUG:6647 10-CA-3000-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3000 OF 2024 IN WP/3147/2019 DHANRAJ AMBADASRAO SURYAWANSHI, DIED THROUGH LRS

VERSUS

THE SECRETARY DNYANDAN SHIKSHAN PRASARAK MANDAL LATUR AND OTHERS ...

Advocate for Applicant : Mr. R. R. Suryawanshi ...

WITH WRIT PETITION NO. 3147 OF 2019 ...

CORAM : S. G. MEHARE, J.

DATE : 20-03-2024 PER COURT :- 1.

Heard the learned counsel for the applicants/proposed heirs of sole petitioner.

2.

Learned counsel submits that the copies of this application were served upon the respondents. However, they did not file affidavit-in-reply. They also did not appear when the matter was called. He submits that there is a short delay of 19 days. The applicants are the legal heirs of the deceased/petitioner. They have interest in the litigation. Therefore, they may be brought on record as legal heirs.

3.

The application has not been opposed, though the copies were served. Therefore, it is presumed that they do not want to contest the application.

10-CA-3000-24.odt 4.

Perused the application.

5.

The delay caused in bringing legal heirs of the sole petitioner is short. The reasons mentioned in the application for delay are reasonable. Hence, the following order;

ORDER

i) The application is allowed, keeping the point of right to inherit the rights of the deceased/employee after termination of his services.

ii) Delay caused in bringing legal heirs of the sole petitioner is condoned.

iii) The legal heirs of the sole petitioner be brought on record and amendment be carried forthwith.

iv) List the writ petition on 24.04.2024.

( S. G. MEHARE ) JUDGE rrd