Oral order dismissing an open writ petition by recognizing the abatement of proceedings due to the death of the sole petitioner without substitution or fresh litigation by heirs.
The writ petition was dismissed as it had abated due to the death of the sole petitioner.
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.4244 of 2014
| ====================================================== Jadu Nandan Sada, Son Of Late Mangal Sada, Resident Of Village - Rarhi, Tole Jahangir, P.S. - Jalley, District - Darbhanga |
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| .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Commissioner, Darbhanga Division, Darbhanga 3. The D.C.L.R., Sadar Darbhanga, District - Darbhanga 4. Shambhoo Sah, Son Of Sri Ramashish Sahu, Resident Of Village - Rarhi, Tole Jahangir, P.S. - Jalley, District - Darbhanga .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No.- 13, Adv. Mr. Rohit Kumar, Adv. For the Respondent nos.1to3 : Mr. Manoj Kumar, AC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER |
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| 3 | 20-06-2016 Heard learned counsel for the petitioner and learned AC to GA-10 appearing on behalf of the respondent nos.1 to 3. |
| Despite specific order dated 28.08.2014, |
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| supplementary affidavit has not been filed on behalf of the petitioner annexing the copy of the limitation petition so filed before the appellate authority. Learned counsel appearing on behalf of the petitioner submits that, as per his instructions, the sole writ-petitioner died about a year ago and, despite all his efforts and communication made by him, the heirs and legal representatives of the deceased sole petitioner are not coming forward to comply the aforesaid order dated 28.08.2014. It is well settled that no lis can continue on behalf of a dead person. Apparently, the sole petitioner is dead and no petition has been filed on behalf of the heirs and legal representatives seeking their substitution in place of deceased |
Patna High Court CWJC No.4244 of 2014 (3) dt.20-06-2016
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petitioner and seeking further permission to continue with this litigation.
In above view of the matter, the writ petition has abated and is, accordingly, dismissed.
(Birendra Prasad Verma, J)
Arvind/U
Jadu Nandan Sada
The State Of Bihar
The Commissioner, Darbhanga Division
The D.C.L.R., Sadar Darbhanga
Shambhoo Sah
Birendra Prasad Verma
As recorded by the court registry
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