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Judgment
Anubha Rawat Choudhary, J
Learned counsel for the parties are present.
Learned counsel for the petitioners submits that this civil miscellaneous petition has been filed seeking restoration of W.P.(S) No. 2951 of 2019 which stood dismissed on account of non-removal of defects in terms of order dated 25.04.2022. The learned counsel submits that there were number of petitioners in the said writ petition, but only some of the petitioners have approached this Court who were petitioner nos. 1, 4, 7, 8, 9, 10 and 11 in the writ petition. He further submits that the writ petitioner no. 5 has been represented by present petitioner no. 3 in this petition seeking restoration of the writ petition who is the wife of the deceased writ petitioner no. 5. He has submitted that appropriate steps will be taken in the writ petition in connection with writ petitioner no. 5 namely Md. Matin Hussain who has now expired and is being represented by petitioner no. 3 in the present case.
He submits the remaining writ petitioners i.e. writ petitioner nos. 2, 3 and 6 have been made proforma opposite parties.
Learned counsel for the petitioners further submits that the then counsel of the writ petitioners did not remove the defects and did not inform the petitioners about the time granted by this Court for removal of defects.
Learned counsel appearing on behalf of the opposite parties has no serious objection to the prayer for restoration. She submits that the writ petition be restored only in connection with the petitioners in the present case.
Considering the aforesaid submissions, the writ petition being W.P.(S) No. 2951 of 2019 is restored to its original file to the extent it relates to the petitioner nos. 1, 4, 7, 8, 9, 10 and 11. The writ petition is also restored to the extent it relates to writ petitioner no. 5 namely Md. Matin Hussain with liberty to the present petitioner no.3 ( wife of deceased writ petitioner no.5) to file appropriate petition for substitution of the deceased petitioner no.5 in the writ records.
It is made clear that the writ petitioner nos. 2, 3 and 6 have not filed the present petition and therefore, the writ petition continues to be dismissed with respect to the writ petitioner nos. 2, 3 and 6.
This civil miscellaneous petition is accordingly disposed of.
Pending interlocutory application, if any, is closed.
