Raj Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22837 of 2013 ======================================================

1. Most. Usha Sinha, widow of Late Raj Kumar

2. Nutan Kunari, daughter of Late Raj Kumar, W/O Sri Ashutosh Vinay Kumar Both permanent resident of Village- Jai Kishun Bigha, P.S.- Modanganj, Dist.- Jehanabad At Present Residing At 6MF- 7/250 Bahadurpur Housing Colony, Bhutnath Road, Patna- 26 .... .... Petitioner

Versus

1. State Of Bihar Through Principal Secretary, Urban Development And Housing Department, Bihar, Patna

2. The Managing Director, Bihar State Housing Board, 6 Sardar Patel Marg, Bihar, Patna- 15

3. The Executive Engineer, Bihar State Housing Board, Patna Division- 1, At Hanuman Nagar, Patna- 20

4. The Revenue Officer, Bihar State Housing Board, 6 Sardar Patel Marg, Bihar, Patna- 15

5. The Estate Manager Bihar State Housing Board, Patna, 6 Sardar Patel Marg, Bihar, Patna- 15 .... .... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Tarun Kumar Sinha, Advocate For the State : Mr. Asit Kumar Jhar, AC to G.P. VI For the Respondent- : Mrs. Binita Singh, Advocate Housing Board ==================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 12-08-2015 I.A. No. 7369/2014 Heard learned counsel for the petitioners and the

Patna High Court CWJC No.22837 of 2013 (2) dt.12-08-2015 2/3 respondents.

This interlocutory application has been filed for expunging the name of the sole petitioner, namely, Raj Kumar, who is stated to have died on 24.7.2014, i.e., during the pendency of this writ application, and for substituting his heirs and legal representatives.

There is no opposition to the aforesaid prayer. As a result, this application is allowed. Let the name of the deceased sole petitioner, namely, Raj Kumar be expunged and in his place his legal representatives as described in paragraph no.2 of this application be substituted. C.W.J.C. No. 22837 of 2013 Heard the parties.

It is contended on behalf of the learned counsel for the petitioners that in view of the out of the court settlement having been reached between the petitioners and the Housing Board now the concerned flat has already been transferred by registered deed of lease executed in favour of the petitioners and as such the petitioners would not be prosecuting this matter.

Learned counsel for the Housing Board is also in agreement with the aforesaid submission made on behalf of the

Patna High Court CWJC No.22837 of 2013 (2) dt.12-08-2015 3/3 petitioners.

Accordingly, this writ application is dismissed as not pressed.

(Dr. Ravi Ranjan, J) Spd/- U