Ramanand Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2392 of 2018 ====================================================== Ramanand Singh Son of late Shiv-Avatar Singh Resident of Village Golma Via Dhabauli, P.S Saurbazar, District Saharsa, Retired Assistant, Civil Court, Supaul.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The High Court of Judicature of Patna Administrative Side, through its Registrar General,.

3.

District Judge, Civil Court, Supaul.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar, Advocate For the State :

Mr. Rajesh Kumar, AC to GP 3 For the High Court :

Mr. Piyush Lal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-09-2023 Heard the parties.

I.A. No. 01 of 2019

2. The Interlocutory application has been preferred by the heirs of the petitioner to get them substituted in place of the petitioner, Ramanand Singh who died on 15.03.2019 leaving behind his wife (Rekha Devi) and sons namely, Sohan Kumar Singh, Anand Kumar Singh and Manmohan Kumar Singh.

3. Learned Counsel appearing for the respondent nos. 2 and 3 do not have any objection.

4. The I.A. No. 01 of 2019 is allowed.

5. Let the names of the wife and sons be substituted as petitioner nos. 2, 3, 4 and 5.

Patna High Court CWJC No.2392 of 2018(3) dt.18-09-2023 2/2 CWJC No. 2392 of 2018

1. It has been submitted by Mr. Piyush Lal, learned Counsel appearing on behalf of the respondent nos. 2 and 3 that an appeal is still pending in the matter.

2. He further submits that the same will be soon disposed of.

3. Though on 09.03.2018, a direction was given to the respondent nos. 2 and 3 to file counter affidavit, the same has not been filed.

4. In view of the submissions put forward by the learned Counsel for the respondent nos. 2 and 3, it would be appropriate that the petitioners pursue the appeal pending before the concerned respondent so that the same is disposed of at an earliest.

5. Mr. Piyush Lal, learned Counsel for the respondent nos. 2 and 3 submits that he will be taking up the matter with the respondent no. 2 so that an order is passed preferably within a period of six months.

6. The writ petition stands disposed of in view of the said undertaking given by Mr. Piyush Lal.

(Rajiv Roy, J) Neha/- U