Ashok Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9226 of 2010 With Interlocutory Application No. 3472 of 2012 ====================================================== Ashok Kumar Singh S/O Late Ram Narayan Singh, R/O 31-Kumar Market, Radium Road, Ranchi (died on 05.11.2011 and substituted by his heirs and legal representative:
Rani Singh wife of late Ashok Kumar Singh, R/O Hill Area, Bariatu, P.S. Bariatu, Town and District- Ranchi .... .... Petitioner/s
Versus
1. The State of Bihar
2. Infrastructure Development Authority, through its Managing Director 1st Floor, Udyog Bhawan, East Gandhi Maidan, Patna
3. The Managing Director, Infrastructure Development Authority, 1st Floor, Udyog Bhawan, East Gandhi Maidan, Patna
4. The Director, Administration, Infrastructure Development Authority, Ist Floor, Udyog Bhawan, East Gandhi Maidan, Patna
5. Chief Consultant, Technical, Infrastructure Development Authority, 1st Floor, Udyog Bhawan, East Gandhi Maidan, Patna
6. District Magistrate Bhabhua, Kaimur .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. S. Parasmani Mr. Maruth Nath Roy For the Respondent/s : None.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 19-03-2015 Re.: Interlocutory Application No. 3472 of 2012 Instant interlocutory application has been filed by one Rani Singh wife of the writ petitioner Ashok Kumar Singh stating therein that during the pendency of the writ petition, the sole petitioner has passed away on 05.11.2011 leaving behind him his heirs and legal representatives. The applicant Rani Singh, being the widow of the sole petitioner, has claimed that the name of the writ petitioner may be expunged from the records and she may be substituted in his place. She has further prayed that she may be permitted to prosecute this litigation.
Patna High Court CWJC No.9226 of 2010 (3) dt.19-03-2015 2/2 In view of the averments made in the present interlocutory application, prayer for substitution is allowed. The aforesaid applicant Rani Singh is substituted in place of the original writ petitioner Ashok Kumar Singh and she is granted permission to prosecute this litigation.
The present interlocutory application stands accordingly disposed of.
Re.: C.W.J.C. No. 9226 of 2010 After some arguments, learned counsel appearing on behalf of the petitioner seeks permission to withdraw the present writ petition with a liberty to approach the appropriate forum/ court for grant of appropriate relief.
Permission is accorded.
The writ petition stands disposed of as withdrawn with the liberty aforesaid.
If any petition is filed on behalf of the petitioner for grant of appropriate relief and is found to have become barred by limitation, and if a petition is filed for condonation of such delay then the appropriate forum/court shall take into consideration that on a bonafide legal advice the present writ petition was filed on 20.05.2010 and that remained pending before this Court till date. (Birendra Prasad Verma, J) BTiwary/- U