Patna High CourtMJC/1979/2015allowed

Arun Kumar Singh And ORS v. The State Of Bihar And ORS

2015-09-16Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1979 of 2015 In Civil Writ Jurisdiction Case No. 10924 of 1997 ======================================================

1. Arun Kumar Singh (deceased)

2. Anjani Kumar Singh

3. Shatrumardhan Kumar Singh @ S.M.S. Shahi All son of late Tej Narain Singh

4. Smt. Shipra Singh W/o late Praduman Kumar Singh

5. Rohit Kumar Singh S/o late Praduman Kumar Singh All R/o vill. Gaugachhi, P.S.Manihari Dist. Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Director of Consolidation, Bihar Patna

3. The Deputy Director, Consolidation, Purnia

4. The Consolidation Officer, Manihari, Katihar.

5. Kumari Punam Devi D/o late Krishnand @ Krishnanand Singh W/o Sri Madan Mohan Singh resident of village Rahmatpur, P.O. Asarganj, P.S.Tarapur, Dist. Munger.

6. Chaursheela Devi D/o late Tej Narain Singh resident of village Guagachhi , P.S. Manihari, Dist. Katihar.

.... .... Respondents-opp. parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Singh For the Respondent/s : Mr. Ritesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-09-2015 Re. I.A. No. 6356 of 2015 The Interlocutory Application seeks deletion of the name of Petitioner no.1, (Arun Kumar Singh) from the array of parties as he died prior to dismissal of the writ application for want of prosecution.

It is submitted that his name be deleted and his heirs and legal representatives detailed in para 3 be substituted. Along with the restoration application 'vakalatnama' duly executed by

Patna High Court MJC No.1979 of 2015 (3) dt.16-09-2015 2/2 the heirs has been filed.

Considering the facts stated in the application and the submissions made by the parties, the same is allowed. Let the name of petitioner no.1 be deleted and in his place the heirs and legal representatives set out in para 3 of the Interlocutory Application be substituted.

I.A. No. 6356 of 2015 stands disposed of.

Heard the counsel for the petitioners and the State. A copy of the restoration application was served on Mr. Mahesh Prasad No.2 who represent the respondents in the connected writ petition. His name also appears in the cause list. He is absent.

Considering the statements made in the restoration application and the submission made in support thereof, the restoration application is allowed. The order dated 30.04.2015 is recalled and CWJC No. 10924 of 1997 is restored to its original file and number subject to deposit of a sum of Rs. 500/-with the Patna High Court Legal Service Committee and filing receipt thereof within two weeks.

(Kishore Kumar Mandal, J) Shyam/- U