Patna High CourtCWJC/11918/2008dismissed

Girja Prasad v. The State Of Bihar And ORS

2015-09-21Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 11918 of 2008 ====================================================== Kunti Devi wife of Late Girja Prasad Resident of Mohalla - Bari Khagaul, P.S. Khagaul, District Patna.

.... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Water Resources Department, Govt. of Bihar, Patna.

2. The Chief Engineer, Irrigation Research & Training Institute, Khagaul, Patna.

3. The Additional Director, Irrigation Research Institute, Khagaul, Patna. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. P.N.Pathak For the Respondent/s : Ac to Aag5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

21-09-2015 I.A. No. 2958 of 2013 Heard Sri Prabhu Nath Pathak, learned counsel for the petitioner and learned A.C. to Addl. Advocate General - 5 on interlocutory application i.e. I.A. No. 2958 of 2013, which has been filed on behalf of wife of deceased petitioner. The petitioner died during the pendency of the writ petition leaving behind his wife namely Kunti Devi. Death Certificate has been brought on record as Annexure - 12 to the interlocutory application. The interlocutory application has been filed alongwith duly executed vakalatnama by the legal heir i.e. wife of the deceased petitioner. In view of the facts and circumstances, the interlocutory application stands allowed.

Learned counsel for the petitioner is permitted to

Patna High Court CWJC No.11918 of 2008 (4) dt.21-09-2015 2/2 substitute the name of the widow of the deceased in place of petitioner in course of the day.

C.W.J.C. No. 11918 of 2008 Learned counsel for the petitioner further submits that grievance of the petitioner has already been redressed, in view of State Govt. resolution, contained in Memo No. 3A-1-19/20133111 dated 25-03-2015. Accordingly, the writ petition stands dismissed as same has become infructuous.

(Rakesh Kumar, J.) Anay U