Petitioner filed a writ petition seeking quashing of a tender notice for sale of mortgaged assets. Court treated the petition as abated due to petitioner's death in 2017 without substitution.
Writ petition treated as abated due to death of petitioner without substitution; interim order vacated.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 6714 of 2012
Parmeshwar Dayal son of Late Shivnandan Prasad, resident of College Road, Ramgarh, P.O. and P.S. Ramgarh, District-Ramgarh
… … Petitioner
Versus
… … Respondents
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
--For the Petitioner : None For the Respondents : Mr. A.K. Yadav, Advocate : Mr. Suresh Kumar, Advocate ---
05 /23.03.2023 Nobody appears on behalf of the petitioner.
2. This writ petition has been filed for the following reliefs:-
“For issuance of direction for quashing the Tender Notice for sale of the mortgaged/hypothecated assets of the petitioner which is SI No. 12 published in newspaper Prabhat Khabar dated 08.10.2012.”
3. A supplementary counter affidavit has been filed by the officerin-charge of the Ramgarh Police Station bringing on record that the petitioner has expired on 07.11.2017. The death certificate has also been annexed. He submits that the son of the petitioner has been contacted who has given the death certificate of his father.
4. Nobody is appearing on behalf of the petitioner and no petition for substitution has been filed in spite of the fact that the petitioner has expired in the year 2017 itself. Accordingly, this writ petition is treated as abated.
5. Interim order, if any, stands vacated.
6. Pending I.A., if any, is closed.
(Anubha Rawat Choudhary, J.)
Binit
1 provisions across 1 enactments
Parmeshwar Dayal
The State of Jharkhand
The Chairman-cum-Managing Director Bihar State Financial Corporation
The Branch Incharge Bihar-State Financial Corporation Krishnapuri
D.C. Hazaribagh
Anubha Rawat Choudhary
As recorded by the court registry
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