Substitution Application State 30000482007

IN THE HON'BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW
Civil Misc. Application No. of 2022
In Re:
WRIT C NO.3000048 of 2007 (CEILING)
State of U.P. ..… Petitioner
Versus
Addl. Comm. And Others ..… Opp.

Parties
INDEX
S. Particulars Page No.

No.
1- Application for Condonation of

Delay and setting aside abetment
in filing Application For
Substitution Under Order XXII R
4 OF C.P.C.
2- Affidavit in Support of Application
for Condonation of Delay
3- Application For Substitution
Under Order XXII R 4 OF C.P.C.
4- Application for Deletion of Opp.
Party No.4
5- Affidavit
PHOTO ID
(MAYANK SINHA)
State Law Officer
LUCKNOW Counsel for the Applicant/
DATED: Petitioner
Advocate on Roll No. B/M
State of U.P. through Collector, Kheri
…..Applicant/Petitioner
In Re:
Versus
1- Addl. Comm. Lucknow Division Lucknow

2- Jogendra Singh
3- Mahendra Singh
4- Autar Singh
..… Respondents
APPLICATION FOR CONDONATION OF DELAY IN

FILING THE SUBSTITUTION APPLICATION AND
SETTING ASIDE ABATEMENT
My Lords,
The humble applicant/Petitioner beg to submit here
as under: -
For the facts and circumstances enumerated in the
accompanying affidavit it is humbly prayed that the delay
in filing the application substitution application of
Respondents may kindly be condoned and technical
abatement may be side.
Any other order or direction which this Hon’ble

Court may deem fit and proper in the circumstances of
the case may also be passed in the interest of justice.
Lucknow (MAYANK SINHA)

Advocate
Dated: State Law Officer
Counsel for the Petitioner/Applicant
AOR: - B/M0357/2012
In Re:
Versus
Addl. Comm. And Others ..…Opp. Parties
AFFIDAVIT IN SUPPORT OF APPLICATION FOR

CONDONATION OF DELAY IN FILING SUBSTITUTION
APPLICATION
I, ………………………………… aged
about ……. years, Son of
………………………………..
R/o- ……………………………………………..
presently posted as ………………………..
……………………………………..,Religion-
………., Education- ………., the deponent
do hereby solemnly affirm and state on
oath as under:-
1. That the deponent is presently posted
as ................, ................................................. the
deponent is the authorized signatory on behalf of
the Petitioner in the instant Petition and as such
he is fully conversant with the facts of the case
stated hereinafter.
2. That the present writ petition was filed against the
judgment and order Dt. 30-06-1997 passed by
O.P.No.1
3. That an application for abatement was filed on 13-
09-2022 by the counsel for O.P.No.2 to 4 stating
therein that the O.P.No.2 has died on 04-01-2010,
whereas O.P.No.4 has died on 10-11-2022.
4. That immediately the information was
communicated to the department for clarification
regarding the same and there after it has come in
to the knowledge of the petitioner about the death
of Private Opp. Parties.
5. That it is only on 13-09-2022 when the
application for abatement was filed it came into
the knowledge of the petitioner and in these
circumstances the application is well with in time
however there is technical delay in filing the
substitution application which is liable to be
condoned in view of the facts mentioned herein
above in the instant affidavit.
LUCKNOW:
DATED: ,2022 DEPONENT
VERIFIC ATION
I, the above named deponent do hereby verify that

the contents of paras of this
affidavit are true to my knowledge and the contents of
paras are true to my knowledge
derived from records and those of paras
are based on legal advice. Nothing material has been
concealed and no part of it is false. So help me God.
LUCKNOW:
DATED: ,2022 DEPONENT.
I identify the above-named deponent, who has

signed before me on the basis of records produced by him
before me.
Clerk of C.S.C. Office.

Solemnly affirmed before me on __________
at ___________ a.m./p.m.
by Sri _______________________
The deponent who is identified by
Sri,_____________________ s/o
r/o _____________________________
________________________________ ,CSC Office,
High Court, Lucknow Bench, Lucknow.
I have satisfied myself by examining the deponent
that he has understood the contents of this affidavit,
which have been read out and explained by me.

In Re:
Versus

2- Jogendra Singh
3- Mahendra Singh
4- Autar Singh
..… Respondents
APPLICATION FOR SUBSTITUTION UNDER ORDER

XXII R 4 OF C.P.C. FOR O.P.No.2 & 4
My Lords,
The humble applicant/petitioner begs to submit

here as under: -
1- That the present writ petition was filed against the
O.P.No.1.
2- That an application for abatement was filed on 13-
09-2022 by the counsel for O.P.No.2 to 4 stating
therein that the O.P.No.2 Jogender Singh has died
on 04-01-2010 leaving behind him his Sons namely
Gurdev Singh, Shukdev Singh, Amarjeet Kaur,
Jasbeer Kaur, Gurmail Singh, Kamaljeet Kaur and
Grand Children’s namely Gurdayal Singh, Satpal

Singh, Harpal Singh, Amritpal Singh, Rupender
Kaur as legal heirs and successors, where as
O.P.No.4 Autar Singh has died on 10-11-2012
leaving behind him his son namely Gurdeep Singh,
Ranjeet Singh and Gurvachan Singh and daughters
namely Sarbjeet Kaur, Indarjeet Kaur and
Jaswinder Kaur as his legal heirs and successors.
3- That after getting the knowledge of death of the
O.P.No.2, and O.P.No.4 on 13.09.2022, this
application is being prepared filed with in time as
prescribed under the Act.
4- That in the above circumstances it is humbly prayed
that this Hon’ble Court may graciously be pleased to
allow present the substitution application and may
permit the petitioner to amend the array of parties
in the following manner:-
“1- word ‘dead’ be added before the name

of O.P.No.2 during the pendency of
Writ Petition
2- 2/1- Gurdev Singh
2/3- Sukhdev Singh
2/3- Gurmail Singh
All Sons of Late Jogender Singh
2/4- Harjeet Kaur W/o Late Dalbagh
Singh S/o Late Jogender Singh
2/5- Gurudayal Singh
2/6- Satpal Singh
2/7- Harpal Singh
2/8- Amritpal Singh
All Sons of Late Dalbagh Singh
Grandsons of Jogender Singh
All Resident of Village
Trikaulia, Tehsil Palia, District
Lakhimpur Kheri
2/9- Ruperndra Kaur W/o Hira
Singh,
R/o Village Chethya Tehsil
Puvayan, Shahjahanpur.
2/10- Amarjeet Kaur W/o Navtej
Singh D/o Late Dalbagh Singh
R/o Village Nathapur, Tehsil
Puvayan, Shahjahanpur
2/11- Jasvir Singh W/o Charan jeet
D/o Late Dalbagh Singh R/o
Sitapur
2/12- Kamaljeet Kaur, W/o Gurveer
Singh D/o Late Dalbagh Singh
R/o Shahgadh, Tehsil
Puranpur, District Pilibhit
All Grand Daughter of
Jogender Singh”
“3- word ‘dead’ be added before the name
of O.P.No.4 during the pendency of
Writ Petition
4- 4/1- Gurdeep Singh
4/2- Ranjeet Singh
4/3- Gurvachan Singh
All S/o Late Autar Singh, All
Resident of Village Trikaulia,
Tehsil Palia, District
Lakhimpur Kheri
4/4- Sarabjeet Kaur W/o Manjeet
Singh, D/o Late Autar Singh,
R/o Village Malakpur, P.S.
Batla, Gurdaspur, Punjab
4/5- Inderjeet Singh W/o Parminder
Singh, D/o Late Autar Singh,
R/o Village Singhpur Kariya,
P.S. Puranpur, District Pilibhit
4/6- Jasvinder Kuar W/o Jitendra
Singh D/o Late Autar Singh,
Resident of Village Trikaulia,
Tehsil Palia, District
Lakhimpur Kheri presently
residing in United States.
Wherefore, this Hon’ble Court may kindly be
pleased to pass an order allowing the present
application and permit the petitioner to incorporate
the same within a reasonable time.
Lucknow (MAYANK SINHA)

Advocate
Dated: State Law Officer
Counsel for the
Petitioner/ApplicantAdvocate on Roll
No. B/M
In Re:
Versus

2- Jogendra Singh
3- Mahendra Singh
4- Autar Singh
..… Respondents
APPLICATION FOR DELETION O.P.No.3
My Lords,
The humble applicant/petitioner begs to submit

here as under: -
1- That the present writ petition was filed against the
O.P.No.1 in Appeal No. 40/85-86 Jogendra Singh
and Others Vs. State of U.P. U/s 13 U.P. Imposition
of Ceiling on Land Holding Act which was preferred
by present Opp. No. 2 to 4 against the order of
Prescribed Authority Ceiling Dt. 16-08-1985.
2- That the appeal

Substitution Application State 30000482007

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IN THE HON'BLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, LUCKNOW BENCH, LUCKNOW

Civil Misc. Application No. of 2022

WRIT C NO.3000048 of 2007 (CEILING)

State of U.P. ..… Petitioner

Addl. Comm. And Others ..… Opp.

S. Particulars Page No.

1- Application for Condonation of

State of U.P. ..… Petitioner

1- Addl. Comm. Lucknow Division Lucknow

APPLICATION FOR CONDONATION OF DELAY IN

Any other order or direction which this Hon’ble

Lucknow (MAYANK SINHA)

WRIT C NO.3000048 of 2007 (CEILING)

State of U.P. ..… Petitioner

Addl. Comm. And Others ..…Opp. Parties

AFFIDAVIT IN SUPPORT OF APPLICATION FOR

about ……. years, Son of

presently posted as ………………………..

………., Education- ………., the deponent

do hereby solemnly affirm and state on

1. That the deponent is presently posted

as ................, ................................................. the

deponent is the authorized signatory on behalf of

the Petitioner in the instant Petition and as such

he is fully conversant with the facts of the case

judgment and order Dt. 30-06-1997 passed by

3. That an application for abatement was filed on 13-

09-2022 by the counsel for O.P.No.2 to 4 stating

therein that the O.P.No.2 has died on 04-01-2010,

whereas O.P.No.4 has died on 10-11-2022.

4. That immediately the information was

communicated to the department for clarification

regarding the same and there after it has come in

to the knowledge of the petitioner about the death

of Private Opp. Parties.

5. That it is only on 13-09-2022 when the

application for abatement was filed it came into

the knowledge of the petitioner and in these

circumstances the application is well with in time

however there is technical delay in filing the

substitution application which is liable to be

condoned in view of the facts mentioned herein

above in the instant affidavit.

I, the above named deponent do hereby verify that

DATED: ,2022 DEPONENT.

I identify the above-named deponent, who has

Clerk of C.S.C. Office.

I have satisfied myself by examining the deponent

that he has understood the contents of this affidavit,

which have been read out and explained by me.

State of U.P. through Collector, Kheri

WRIT C NO.3000048 of 2007 (CEILING)

State of U.P. ..… Petitioner

1- Addl. Comm. Lucknow Division Lucknow

APPLICATION FOR SUBSTITUTION UNDER ORDER

The humble applicant/petitioner begs to submit

1- That the present writ petition was filed against the

judgment and order Dt. 30-06-1997 passed by

2- That an application for abatement was filed on 13-