Praduman Tiwary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12612 of 2001 =========================================================== Praduman Tiwary, son of BankateshTiwary, R/o Village Gopalpur, P.S. Bikram, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through District Magistrate, Patna,

2. The District Magistrate, Patna

3. The Circle Officer, Bikram, Patna.

.... .... Respondents =========================================================== Appearance:

For the Petitioner/s : Mr. Ravindra Nath Dubey, Advocate. For the Respondent/s : Mr. Pramod Kumar Singh, AC to SC 16. =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 01-02-2018 Learned counsel for the petitioner states that this Writ Application has become infructuous during the pendency as the petitioner has died and nothing remains for adjudication as regards the date of birth which was an issue involved in this case. Learned counsel further submits that this Court may only observe that the legal heirs of this petitioner may claim the retiral benefits, if due, taking the date of birth which was decided by the District Magistrate vide the impugned order.

Learned counsel for the State is present.

In the aforesaid view of the matter, the Writ Application is dismissed as not pressed.

The observation, as sought for by the learned counsel for

Patna High Court CWJC No.12612 of 2001 dt.01-02-2018 2/2 the petitioner, is not required to be given in this case because there is no grievance of the legal heirs presently involved in this case as regards non-payment of the retiral dues, if any. If the legal heirs would have any grievance, they will have a separate cause of action for redressal of the same.

The Writ Application stands disposed of.

(Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 01.02.2018 Transmission Date N/A