Y.K.SANGAL,J. - (1.) THIS writ petition is filed to issue certiorari for quashing the order dated 31.8.1992, passed by respondent No. 2, i.e., Settlement Officer of Consolidation and 13.9.1993, passed by respondent No. 1, i.e., Deputy Director of Consolidation, Sultanpur.
(2.) THE sole petitioner, Ram Samujh undisputedly died on 6.1.2001. Application to substitute the heirs on his place was moved on 13.2.2004 with an application to condone the delay in moving the application. The ground shown to condone the delay that three applicants who are the sons of the deceased-Ram Samujh were totally ignorant to the law and procedure and also ignorant about the fact that 90 days are provided for filing the application for substitution. When they came at Lucknow on 12.2.2004, they came to know about this fact and then they disclosed about the death of their father then application was prepared and moved. Objection and counter-affidavit was filed on behalf of respondents. Heard learned counsel for the parties and perused the record.
(3.) FROM the perusal of the record, it reveals that when the writ petition was filed, no stay order was granted then an application was moved on 18.11.2002 on behalf of the petitioner for granting the stay order after about two years of petitioner's death. Sri S. M. Nasir, till that date was counsel in the case. Already death of Ram Samujh has taken place and no vakalatnama on behalf of his heirs was filed. Affidavit alongwith application was submitted by Shiv Narain, one of the son of the petitioner who is also applicant in the substitution application. It is surprising that why this Shiv Narain has not stated about the death of his father to his counsel at that time who appears educated person. It is something unnatural that his counsel while preparing the affidavit has also not inquired in this regard from Shiv Narain. They got interim relief in the matter from the Court on the application moved on behalf of deceased person.;