Chaturbhuj Prasad Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23728 of 2012 ======================================================

1. Chaturbhuj Prasad Sinha S/O Late Jagannath Prasad Sinha R/O MohallaKatra(Muzaffarpur), At/P.O.-Katra (Muzaffarpur), Distt-Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Education Department , Government Of Bihar, Patna

3. The Tilka Manjhi Bhagalpur University, Bhagalpur Through Its Registrar

4. The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur

5. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur

6. The Finance Officer, Tilka Manjhi Bhagalpur University, Bhagalpur

7. The Principal , J.P.College, Narayanpur, Bhagalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suman Kumar, Adv For the Respondent/s : Mr. Gyan Prakash Ojha, G.A-7. Mr. Aaditya, A.C. to G.A.-7.

For TMBU : Mr. Ashhar Murtafa, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and counsel appearing on behalf of the State as also on behalf of the University.

Learned counsel appearing on behalf of the petitioner submits that the writ petitioner died during the pendency of the writ application. He submits that the writ petition involves monetary claim, as such the right to sue survive to the legal heirs of the petitioner.

In view of the above, this writ petition is disposed of with a

Patna High Court CWJC No.23728 of 2012 (2) dt.13-08-2018 2/2 liberty to the legal heirs. If they have any subsisting right and claim as to payment of arrears, they have to file representation before the University along with a copy of this order and, if any such representation is filed by the substituted petitioner, University will take appropriate decision on the representation and pass appropriate order.

If amount is payable to the substituted petitioners, the respondent University will take steps for payment of the same to the legal heirs in accordance with law at the earliest. Final decision on the claim of the legal heirs of the original petitioner may be adjudicated within a maximum period of four moths from the date of receipt of a production of a copy of this order. With the aforesaid observation and direction, this writ petition is disposed of.

(Anil Kumar Upadhyay, J) Sanjeev/- U