Patna High CourtCWJC/10309/2009dismissed

Ram Chhabilla Mishra v. The State Of Bihar And ORS

2016-08-08Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10309 of 2009 ====================================================== Ram Chhabilla Mishra, son of late Thakur Mishra, resident of mohalla-Bara Bazar, Naya Tola, Chalisa Hat, Ward No.34, P.O.&P.S.-Katihar, DistrictKatihar. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate-cum-Collector, Katihar, District-Katihar.

3. Sri Govind Prasad Agrawal,

4. Sri Sajjan Kumar Agrawal,

5. Sri Pawan Kumar Agrawal,

6. Sri Kailash Prasad Agrawal, All sons of late Kishan Lal Agrawal.

All resident of mohalla-Durgapur, Rishi Bhawan Road, Bara Bazar, Katihar, P.O. and P.S.-Katihar, District-Katihar.

7. Sri Mahabir Agrawal,

8. Sri Ramesh Agrawal,

9. Sri Sushil Agrawal,

10. Sri Manik Agrawal, All sons of late Durga Dutta Agrawal All resident of mohalla-66 G.T. Road, Liluah, District-Howrah (West Bengal).

11. The Circle Officer, Katihar Block, District-Katihar.

12. Halka Karamchari, Katihar Block, District-Katihar.

13. The Circle Inspector, Katihar Block, District-Katihar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pandit Jee Pandey, Adv. For the Respondent nos.1, 2&11to13: Mr. Neeraj Raj, AC to GA-8 For the Respondent no.4 : Mr.Surendra Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 08-08-2016 Mr. Pandit Jee Pandey, the learned counsel appearing on behalf of the sole petitioner, in presence of the learned counsel appearing on behalf of the respondents, submits that during the pendency of this writ petition, the sole petitioner Ram Chhabilla Mishra has passed away leaving behind his heirs and legal representatives. He further submitted that, despite his all efforts and communication made to the heirs and legal representatives of deceased sole petitioner, his heirs and legal representatives have

Patna High Court CWJC No.10309 of 2009 (3) dt.08-08-2016 not come forward to get themselves substituted and to prosecute this litigation after obtaining permission from this Court. According to him, in fact, he has no further instructions to press this writ petition.

In view of the fact that the deceased sole petitioner has passed away during the pendency of the present writ petition and despite efforts made by the learned counsel for the petitioner, the heirs and legal representatives of the deceased petitioner have not come forward to get themselves substituted vice deceased petitioner, the present writ petition has abated and is, accordingly, dismissed.

(Birendra Prasad Verma, J) Arvind/- U