Amit Kumr Gupta v. The State Of Bihar And ORS

Patna High Court CWJC No.711 of 2014 (3) dt.07-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.711 of 2014 ====================================================== Amit Kumr Gupta, son of Sri Shiv Nath Prasad, resident of Mohalla- Panch Mandir Chowk, Bisatipatti, P.S. Motihari (Town), District East Champaran. .... .... Petitioner/s

Versus

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

2. The Additional Director General of Police Vigilance Bureau, Bihar, Patna.

3. Inspector General of Police, Economic Offences Wing, Bihar, Patna.

4. The Collector cum District Magistrate, East Champaran at Motihari.

5. Shambhu Prasad, son of Baiju Prasad, resident of Mohalla- Madhuban Chamarni Chowk, Dharm Samaj Road, P.S. (Town) Motihari, District- East Champaran.

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Respondent/s : Ms. Binita Singh, GP-31 For the private respondent: Mr. Amrendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 07-07-2015 Counsel for the parties are present.

This matter was last taken up on 3.7.2015 when Mr. Amrendra Kumar, learned counsel appearing for the private respondent submitted that the writ petitioner has deceased. In the circumstance and to enable the counsel for the writ petitioner to ascertain the position and file a substitution petition, the matter was passed over and has been taken up today when there is no substitution petition on record.

By the death of the writ petitioner the cause of action has itself vanished and apart therefrom, the prayer made herein is also misconceived. In the circumstances the writ petition is disposed of.

(Jyoti Saran, J) SKPathak/- U