Dr.Vidyanand Prasad Sinha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11166 of 1995 ====================================================== Dr.Vidyanand Prasad Sinha, son of late Ramsharan Prasad, resident of B/90, Housing Colony, Lohianagar, Kankarbagh, P.S. Kankarbagh in the town of Patna .... .... Petitioner
Versus
1. The State of Bihar through the Secretary, Department of Housing, Govt. of Bihar, Old Secretariat, Patna
2. The Bihar State Housing Board through its Managing Director, Bir Chand Patel Marg, Patna
3. The Manager cum special Secretary, Bihar State Housing Board, Govt. of Bihar, Patna
4. The Chief Engineer, Bihar State Housing Board, Govt. of Bihar, Patna
5. The Executive Engineer, Patna Division-1, Bihar State Housing Board, Govt. of Bihar, Patna
6. Ayodhya Prasad Pandey, son of late Shambhu Pandey, resident of village Diul, P.S. Jagdishpur, District Bhojpur, presently residing in Rentral Flat No. 248, Lohianagar, Kankarbagh, in the town of Patna .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.11803 of 1997 ====================================================== Dr.Vidyanand Prasad Sinha, son of late Ramsharan Prasad, resident of B/90, Housing Colony, Lohianagar, Kankarbagh, P.S. Kankarbagh in the town of Patna .... .... Petitioner
Versus
1. The State of Bihar, through the Secretary, Department of Housing, Govt. of Bihar, Old Secretariat, Patna
2. The Bihar State Housing Board through its Managing Director, Bir Chand Patel Marg, Patna
3. The Manager cum special Secretary, Bihar State Housing Board, Govt. of Bihar, Patna
4. The Chief Engineer, Bihar State Housing Board, Govt. of Bihar, Patna
5. The Executive Engineer, Patna Division-1, Bihar State Housing Board, Govt. of Bihar, Patna
6. Ayodhya Prasad Pandey, son of late Shambhu Pandey, resident of village Diul, P.S. Jagdishpur, District Bhojpur, presently residing in Rentral Flat No. 248, Lohianagar, Kankarbagh, in the town of Patna .... .... Respondents ====================================================== with Miscellaneous Jurisdiction Case No.3081 of 1999 ====================================================== Dr.Vidyanand Prasad Sinha, son of late Ramsharan Prasad, resident of B/90, Housing Colony, Lohianagar, Kankarbagh, P.S. Kankarbagh in the town of Patna .... .... Petitioner
Versus
Patna High Court CWJC No.11166 of 1995 (17) dt.30-01-2015
1. Sri Shashikant Sharma, through the Secretary, Department of Housing, Govt. of Bihar, Old Secretariat, Patna
2. Shri Amir Subhani, Managing Director, Bihar State Housing Board , Bir Chand Patel Marg, Patna
3. Shri Nagendra Prasad Singh, Estate Manager cum special Secretary, Bihar State Housing Board, Govt. of Bihar, Patna
4. Mr. Deosundar Paswan, Chief Engineer, Bihar State Housing Board, Govt. of Bihar, Patna
5. Shri Narendra Prasad Singh, Executive Engineer, Patna Division-1, Bihar State Housing Board, Govt. of Bihar, Patna
6. Ayodhya Prasad Pandey, son of late Shambhu Pandey, resident of village Diul, P.S. Jagdishpur, District Bhojpur, presently residing in Rentral Flat No. 248, Lohianagar, Kankarbagh, in the town of Patna .... .... Opp.Parties ====================================================== Appearance :
(In CWJC No.11166 of 1995) For the Petitioner/s : Mr. Anjani Kumar Mr. Nagendra Prasad Sinha For the Respondent/s : Mr. (Gp2) Mr. Rajiv Nayan Singh Mr. /Mrs.Santosh Singh Mr. Sanjeev Jaiswal Mr. Shola Sanshwar Mr. Ashwani Kr.Sinha Mr. Vijay Shankar Shrivastava Mr. Uday Shankar Choudhary (In CWJC No.11803 of 1997) For the Petitioner/s : Mr. Anjani Kumar For the Respondent/s : Mr. J.N.Jha (Gp2) Mr. Shrawan Kumar Mr. Rajiv Nayan Singh Mr. Ashwani Kumar Singh Mr. Vijay Shankar Shrivastava (In MJC No.3081 of 1999) For the Petitioner/s : Mr. Anjani Kumar For the Respondent/s : Mr. Shravan Kumar Mr. Rajiv Nayan Singh Mr. Brij Bhushan Mishra Mr. Dwijendra Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 17 30-01-2015 Heard learned counsel for the parties.
Having regard to the fact that respondent no.6 has already died on 9.4.2010 and the entire action is dependent on respondent
Patna High Court CWJC No.11166 of 1995 (17) dt.30-01-2015 no.6, who was the beneficiary of an order passed by the District Consumer Forum, if his substitution has not been made by the petitioner in these writ applications, both these writ applications must be deemed to have abated, especially when the petitioner now is also said to have died during the pendency of the writ applications. Thus, both the writ applications are dismissed as having become abated.
Nothing said in this order, however, will come in the way of the heirs/ legal representative of the petitioner to approach the State Consumer Forum against the order passed by the District Consumer Forum in favour of the deceased respondent no.6 which of course will be led by the State Consumer Forum in accordance with law.
M.J.C.No. 3081/1999 Since both the writ applications have been held to have abated this contempt application is also disposed of with a clear warning to the authorities of the Housing Board to remain more vigilant and careful in future.
(Mihir Kumar Jha, J) surendra/- U