In a writ petition where the original petitioner died during pendency without filing a substitution petition by his heirs, the Patna High Court held the writ petition abated and dismissed it.
The writ petition was dismissed as it stood abated due to the death of the sole petitioner without substitution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1175 of 2005
====================================================== Shamsuddin Mian, son of Ramjan Mian, resident of mohalla-Chamar Toli, Sherghaty, P.S.-Sherghaty, District-Gaya. .... .... Petitioner/s Versus 1. The State of Bihar 2. Superintendent of Survey, Gaya. 3. Assistant Superintendent of Survey, Gaya. 4. Anaul Haque 5. Serajuddin Both are sons of Jahoor Mian, resident of Mohalla Chamar Toli, Sherghaty, P.S.-Sherghaty, District-Gaya. 6. Ahamad Hussain, son of late Baxi Mian 7. Farooq Mian, son of Chhedi Mian 8. Badruddin Mian, son of Ramjan Mian All are resident of Mohalla-Chamar Toli, Sherghaty, P.S.-Sherghaty, District-Gaya. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar Pandey For the Respondent nos.1to3: Mr. Manoj Kumar Yadav, AC to SC-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 6 21-04-2015 By an order dated 12.09.2014 passed by a Bench of this Court, it was noticed that the sole petitioner has passed away during the pendency of the present writ petition. However, on the request made by the learned counsel, the matter was adjourned for four weeks enabling him to file a substitution petition on behalf of the heirs and legal representatives of the sole deceased petitioner seeking their substitution in place of original writ petitioner. The aforesaid order dated 12.09.2014 was not complied with. Hence, the matter was listed once again on 10.10.2014. Again, on that date, on the request of learned counsel, the matter was adjourned for two weeks enabling him to file a substitution petition. By the office note dated 20.04.2015, it has been reported that the substitution petition has not been filed till date.
Patna High Court CWJC No.1175 of 2005 (6) dt.21-04-2015
2
Learned counsel appearing on behalf of the petitioner, who is present in Court, has not disputed the aforesaid office note. In above view of the matter, the writ petition has to be held to have abated on the ground of death of the sole writ petitioner and is, accordingly, dismissed.
Arvind/-
U
(Birendra Prasad Verma, J)
Shamsuddin Mian
The State of Bihar
Superintendent of Survey, Gaya
Assistant Superintendent of Survey, Gaya
Anaul Haque
Serajuddin
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
