Lakshman Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 13961 of 2015 =========================================================== Lakshman Pandey S/o Late Baidyanath Pandey, R/o Mohalla - Wachaspati Nagar Colony, P.S. Bahadurpur, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Transport Department, Government of Bihar, Patna.

2. The Administrator, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Marg, Patna.

3. The Chief Accounts Officer cum Financial Advisor, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Marg, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr.

For the State :

Ms. Prakritita Sharma, A.C. to S.C. 25 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 22-05-2017 Learned counsel for the State drew the attention of the Court to the previous order.

2. On 05.05.2016, the Court had recorded that the sole petitioner had died and that learned counsel for the petitioner had prayed for taking steps to substitute his heirs. Accordingly, the matter was directed to be listed after Annual Vacation.

3. Even till date, no substitution having been filed, coupled with the fact that the writ petitioner has died and even after grant of time by the Court for filing substitution more than a year has passed, the writ petition is not maintainable as the sole petitioner is dead without there being any substitution petition pending.

Patna High Court CWJC No.13961 of 2015 dt.22-05-2017 2/2

4. Such being the position, the writ petition stands dismissed as not maintainable.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U