CLMA No. 21 of 2009 In SPA No. 1 of 2009 Hon’ble Tarun Agarwala, A.C.J. Hon’ble Alok Singh, J. Mr. S.K. Mandal, the learned counsel for the appellants. Mr. Subhash Upadhyaya, the learned Brief Holder for the State. Heard learned counsel for the parties. The delay in filing the special appeal is condoned. The section 5 application is allowed. We find that sufficient explanation was given by the appellants explaining the delay in moving the substitution application to substitute the heirs of petitioner No.14 in the writ petition. The learned Single Judge committed an error in rejecting the substitution application. Since sufficient explanation has been provided, the order of the learned Single Judge dated 5th August, 2008 is set aside. The appeal is allowed. The substitution application filed before the learned Single Judge is also allowed. Necessary correction shall be carried out by the appellants in the array of parties within two weeks from today. We further direct the Registry to place the writ petition before the appropriate Court for further orders. (Alok Singh, J.) (Tarun Agarwala, A.C.J.) 14.10.2009 Shiv