Alamsher Mian v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13555 of 2007 ====================================================== Alamsher Mian son of Late Supan Mian, resident of Village Nathmalpur, P.S.Barahara, Distt. Bhojpur .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Director, Consolidation, Bihar, Patna
3. The Deputy Director, Consolidation, Bihar, Patna
4. The Consolidation Officer, Barahara, Bhojpur, Distt. Bhojpur
5. Noor Mohammad son of Late Hadish Mian, resident of Village and P.O. Nathmalpur, P.S.Barahara, Distt. Bhojpur
6. Gaffar Ansari
7. Jabbar Ansari Respondent nos. 6 & 7 are sons of Gafoor Mian, resident of Village and P.O. Nathmalpur, P.S.Barahara, Distt. Bhojpur .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sidhendra Narayan Singh, Advocate For the Respondent Nos. 1 to 4 : Mr. Amish Kumar, AC to AAG 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 11-08-2016 Indisputably, the sole writ petitioner is dead. On the request of the learned counsel appearing on behalf of the petitioner, the matter was adjourned earlier enabling the heirs and legal representatives of deceased petitioner to file an appropriate petition seeking his/her/their substitution vice deceased petitioner. The learned counsel appearing on behalf of the deceased petitioner submits that, despite all efforts and communication made by him to the heirs and legal representatives of deceased petitioner, nobody has come forward to file an appropriate petition of substitution.
It is well settled that no lis can proceed on behalf of a dead person.
In above view of the matter, the present writ petition has abated on account of non-substitution of heirs and legal
Patna High Court CWJC No.13555 of 2007 (4) dt.11-08-2016 2/2 representatives of deceased petitioner. It is accordingly dismissed. (Birendra Prasad Verma, J) Tahir/- U