Pedar Singh v. A.D.M.,Gajapati

IN THE HIGH COURT OF ORISSA AT CUTTACK

OJC No. 2632 OF 2002 Pedar Singh and another ....

Petitioners Mr. Prasanna Kumar Mishra, Advocate -versusAdditional District Magistrate, Gajapati and others ....

Opp. Parties Mr. Dillip Kumar Mishra, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

13.04.2022 6.

1.

This matter is taken up through hybrid mode.

2.

Mr. Mishra, learned counsel for the Petitioners prays for further adjournment to take steps for substitution of the deceased Opposite Party No.4.

3.

It is his submission that in spite of his best effort, he could not obtain instruction from the Petitioners to take steps for substitution. Learned counsel for the Petitioners before the trial Court has also died in the meantime. Thus, he is not in a position to comply with the order dated 25th October, 2021. 4.

From the order sheet, it appears that vide orders dated 25th October, 2021 and 30th March, 2022, this Court has granted adjournment to learned counsel for the Petitioners to take steps for substitution of the deceased Opposite Party No.4. Since the proceeding under Regulation 2 was initiated by Opposite Party Nos. 3 and 4, and steps for substitution has not been taken against the deceased Opposite Party No.4, the writ petition abates as whole.

// 2 // 5.

Accordingly, this writ petition is dismissed as abated. (K.R. Mohapatra) ms Judge