High Court of Punjab and HaryanaCWP/19788/1998disposed of

Karma v. Hussan Pal Etc.

2018-10-03Mr. Justice Gurmeet Singh Sandhawalia2 pages

Shivani Gupta 2018.10.06 11:37 CWP No. 19788 of 1998

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH C.M. Nos. 14070-CWP of 2018 and 11584-CWP of 2017 in/and CWP No. 19788 of 1998 Date of decision: 03.10.2018 Karma (D) through L.Rs.

....Petitioner(s)

Versus

Hussanpal and another

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Gursimran Singh Bhatia, Advocate, for the applicant-petitioner.

Mr. Ayush Sarna, AAG, Punjab.

Mr. Dinesh Nagar, Advocate, for the applicant-respondent no. 1.

G.S.SANDHAWALIA, J. (Oral) C.M. No. 14070-CWP of 2018 Application has been filed for bringing on record legal representatives of deceased-petitioner Karma who is stated to have died on 28.01.2017. The details of legal representatives have been mentioned in para nos. 2 of the application. It has been further averred that there are no other legal representatives of deceased-petitioner except the ones mentioned in para no. 2 of the application. The application is supported by affidavit of Budh Nath, son of the deceased-petitioner.

Accordingly, the application is allowed. Persons mentioned in para no. 2 are allowed to be brought on record as legal representatives of deceased-petitioner only for the purpose of pursuing the present appeal. The present order shall not ensure any benefit in any other set of

CWP No. 19788 of 1998 proceedings.

C.M. No. 11584-CWP of 2017 in/and CWP No. 19788 of 1998 The present application has been filed on behalf of respondent no. 1 on the ground that on account of the death of the petitioner, the matter has been rendered infructuous.

The main writ petition is accordingly taken on Board and taken up for hearing today itself.

The dispute pertains to the appointment of Lambardar and the deceased petitioner has challenged the order dated 03.08.1998 (Annexure P3) whereby, the order of the District Collector and the Commissioner were set aside and the private respondent was appointed as Harijan Lambardar of village Dariyapur. There are only two candidates in the contest. The petition has, thus, been rendered infructuous on account of the death of the petitioner and the same is disposed of as such. Accordingly, order dated 14.01.2003 also stands vacated whereby the order of the Financial Commissioner was stayed. Necessary effect be given to the said order of the Financial Commissioner.

03.10.2018 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No