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Judgment
11 paragraphs · 228 wordsRajesh Shankar, J
The present writ petition is taken up today through Video conferencing.
I.A. No. 3862 of 2021
The present interlocutory application has been filed on behalf of the applicant - Praween Kumar Ojha for his substitution, claiming to be the nephew of sole petitioner - Kailash Kumar Ojha (since deceased) as well as co-sharer of the property in question.
After some argument, Mr. Pratik Sen, the learned counsel for the applicant, seeks permission to withdraw the present application with liberty to file another one so as to substitute all the legal heirs of the deceased petitioner.
Permission is accorded.
The present interlocutory application is dismissed as withdrawn with aforesaid liberty.
I.A. No. 4646 of 2021
The present interlocutory application has been filed on behalf of the applicant - Praween Kumar Ojha for restraining the State as well as private respondents from carrying out construction work over the land in question.
Since the sole petitioner has already died and his heirs/legal representatives are yet to be substituted in the writ petition, the present interlocutory application filed on behalf of the applicant - Praween Kumar Ojha cannot be entertained for the present. The same is accordingly dismissed as not maintainable at this stage.
The heirs of the deceased petitioner are, however, at liberty to file appropriate application seeking interim relief after their substitution in the present writ petition.