Narayaji Prasad And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21037 of 2013 ====================================================== 1.1. Rishimuni Devi Wife of Late Narayan Prasad Resident of Mohalla - Purani Bazar, Police Station - Maharajganj, District- Siwan. 1.2. Rohit Kumar Son of late Narayanji Prasad Resident of Mohalla - Purani Bazar, Police Station - Maharajganj, District- Siwan. 1.3. Gautam Kumar Son of late Kumar Prem Piyush Pathak Resident of Mohalla - Purani Bazar, Police Station - Maharajganj, District- Siwan. 2.1. Asha Devi Wife of Late Amarnath Prasad Resident of Mohalla - Purani Bazar, Police Station - Maharajganj, District- Siwan. 2.2. Anup Kumar Soni Son of late Amarnath Prasad Resident of Mohalla - Purani Bazar, Police Station - Maharajganj, District- Siwan. 2.3. Ajay Kumar Son of late Amarnath Prasad Resident of Mohalla - Purani Bazar, Police Station - Maharajganj, District- Siwan. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Rural Works Department, Government Of Bihar, Patna 3.

The Principal Secretary, Building Construction Department, Government Of Bihar, Patna 4.

The Engineer - In - Chief, Rural Works Department, Government Of Bihar, Patna 5.

The Chief Engineer, Rural Works Department, Patna 6.

The Superintending Engineer, Works Circle, Saran At Chapra 7.

The Superintending Engineer, Rural Works Department, Works Circle, Siwan 8.

The District Magistrate, Siwan 9.

The Executive Engineer, Rural Works Department, Works Division, Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Advocate For the State :

Mr. Asit Kumar Jha, A.C. to G.P.2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 30-06-2026 Heard the learned counsel for the parties.

2. From the order dated 12.05.2026 it appears that during pendency of the writ petition, the claim of the deceasedpetitioners was rejected vide Memo No.4577 dated 12.04.2016

Patna High Court CWJC No.21037 of 2013(10) dt.30-06-2026 2/2 issued under the signature of the Secretary, Rural Works Department, Government of Bihar, Patna. Since the order was not assailed by the deceased-petitioners during their life time, an opportunity was granted to the legal heirs, who have been substituted in the present writ petition to file an interlocutory application, assailing the said order dated 12.04.2016 and the matter was directed to be listed on 22.06.2026.

3. Today, when the matter has been called out, the learned counsel for the deceased-petitioners submits that the order contained in Memo No.4577 dated 12.04.2016 has not been assailed and the substituted petitioners do not want to assail the same.

4. In view of the fact that the claim of the deceasedpetitioners was rejected by the department on 12.04.2016 and the same was never assailed at any time and even during current proceedings, an opportunity was granted to the legal heirs, who have been substituted herein in the writ petition, this Court cannot proceed further and accordingly the writ petition is dismissed. (Ritesh Kumar, J.) Sanjay/- U