Ram Bahadur Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18714 of 2012 ====================================================== Ram Bahadur Singh S/O Late Mahendra Nath Singh Resident Of VillageCharihara, P.S- Mashrakh, District- Saran At Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar Urban Development and Housing Department, Government Of Bihar, Patna.

2.

The Deputy Secretary, Urban Development And Housing Department, Government Of Bihar, Patna.

3.

The Siwan Municipality through the Chairam, P.O., P.S And District- Siwan. 4.

The Chairman Siwan Municipality, P.O., P.S And District- Siwan. 5.

The Chief Executive Officer, Siwan Municipality, P.O., And P.S- DistrictSiwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. G.K. Agrwal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-09-2025 No one appears for the petitioner. Learned counsel for the respondents are present.

2. The petitioner filed the instant application for the following reliefs:

"(I) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to allow the benefits of revision of pay-scale to the petitioner with effect from 01.01.1986 pursuant to the recommendation of the 5th Pay Revision Committee contained in Resolution no.6021 dated 18.12.1989 and to pay his arrears of salaries with effect from 01.03.1989 in view of the Resolution of the Finance Department .

(II) Consequent upon the issuance of direction to

Patna High Court CWJC No.18714 of 2012(6) dt.25-09-2025 2/3 revise the pay- scale of the petitioner in the payscale admissible to a Homeopathic Doctor with effect from 01.01.1986, the Respondents may further be directed for payment of consequential monetary benefits to the petitioner like arrears of salary and revision of his retirement benefits in accordance with law and in accordance with the last pay drawn by the petitioner in the revised pay-scale.

(III) For issuance of any other appropriate writ/writs,order /orders, direction/directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case."

3. No one appeared on behalf of the petitioner on 25.8.202 when this Court recorded the following order: "Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the Nagar Parishad, Siwan.

2. Learned counsel for the petitioner and counsel for the Nagar Parishad. Siwan jointly submits that during the pendnecy of the writ application, the petitioner has died and, therefore, the case has abated. Learned counsel for the petitioner submits that one last adjournment may be granted for ascertaining as to whether their existing legal heirs are interested in pursuing the writ application.

3. As prayed for by learned counsel for the petitioner, two weeks time is granted to the petitioner for the aforesaid purpose.

4. Put up this case on 08.09.2025."

4. On the matter being taken up on 8.9.2025, learned counsel for the petitioner had prayed for time for filing a

Patna High Court CWJC No.18714 of 2012(6) dt.25-09-2025 3/3 substitution petition in view of the fact that as per his instructions the sole petitioner had died during pendency of this writ application.

5. No substitution petition/interlocutory application have been filed on behalf of the petitioner.

6. As no one appears on behalf of the petitioner, the application is dismissed for non-prosecution. (Partha Sarthy, J) Bibhash U