← Library
Patna High CourtCWJC/1588/2008disposed

Bishwa Nath Singh v. The State Of Bihar And ORS

2015-06-29Mr. Justice Rakesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 1588 of 2008 ======================================================

1. (i) Gajmato Devi, W/o Late Bishwa Nath Singh (ii) Chandra Bhushan Singh, (iii) Chandra Shekhar Singh, (iv) Upendra Kumar Singh, all (ii) to (iv) S/o Late Bishwa Nath Singh (v) Kamlawati Devi, (vi) Saroj Devi, both (v) & (vi) D/o Late Bishwa Nath Singh All are resident of village- Balua, P.O. Puchhari, Police StationJalalpur, District - Saran (Chapra). .... .... Petitioners

Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

3. The Director, Primary Education, Bihar, Patna.

4. The District Magistrate, Saran at Chapra.

5. The District Education Establishment Committee, through it's Chairman, The Deputy Development Commissioner, Saran at Chapra.

6. The District Superintendent of Education, Chapra, District Saran.

7. The Block Development Officer, Dighwara, District Saran.

8. The Block Education Extension Officer, Dighwara, District Saran.

9. The Headmaster, Govt. Primary School Basti Jalal Tole Janpar, Anchal-Dighwara, District Saran.

10. The District Treasury Officer, Saran at Chapra.

11. The Accountant General, Bihar, Beerchand Patel Marg, Patna. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Mishra For the Respondent/s : AC to Addl. Advocate General - 14 Mr. Ram Kinkar Choubey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER

18. 29-06-2015 Learned counsel for the petitioner, in presence of learned A.C. to Addl. Advocate General - 14 as well as Sri Ram Kinkar Chaubey, learned counsel for Accountant General, informs that earlier he has filed substitution petition alonwith vakalatnama

Patna High Court CWJC No.1588 of 2008 (18) dt.29-06-2015 2/3 executed by one of the legal heir of sole petitioner. Subsequently, he has filed vakalatnama on behalf of remaining legal heirs of the sole petitioner.

I.A. No. 421 of 2015 In this case, an interlocutory application, vide I.A. No. 421 of 2015 was filed with a prayer to substitute legal heirs of the sole petitioner, who died during the pendency of the writ petition. Name of legal heirs of sole petitioner has been mentioned in paragraph - 3 of the application.

In view of the facts & circumstances, the interlocutory application stands allowed.

Learned counsel for the petitioner is permitted to substitute legal heirs of sole petitioner, whose details has been mentioned in paragraph - 3 of the interlocutory application, in course of the day, after deleting the name of petitioner from the record.

Learned counsel for the petitioner submits that during the pendency of the writ petition, grievances of the petitioner have already been redressed, however; he makes a prayer for disposal of the present writ petition, with an indication that if still any grievance exists, the widow of the sole petitioner would be at

Patna High Court CWJC No.1588 of 2008 (18) dt.29-06-2015 3/3 liberty to avail appropriate remedy.

The prayer is allowed.

The writ petition stands disposed of.

(Rakesh Kumar, J.) Anay/- U