Phool Chandra Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4262 of 2014 In Civil Writ Jurisdiction Case No. 8517 of 2007 ====================================================== Smt. Chinta Devi wife of late Phool Chandra Ram & Ors. .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanat Kumar Mishra For the P.M.C. : Mr. Ranjit Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-03-2018 Re.- I.A. No. 685 of 2018 The present application for substitution has been filed on behalf of the legal heirs of deceased Phool Chanda Ram, who died during the pendency of the present contempt application on 17.10.2017 leaving behind his legal heirs. The names of the heirs are contained in paragraph No. 2 of the present interlocutory application and are detailed hereunder:- I. "Smt. Chinta Devi wife of late Phool Chandra Ram II. Baleshwar Kumar III. Raju Kumar IV. Rajesh Kumar V. Anil Kumar VI. Sunil Kumar VII. Anurag, All sons of late Phool Chandra Ram VIII. Smt. Neelam Devi w/o Subodh Kumar and IX. Smt. Nisha w/o Santosh Kumar, the daughters of late Phool Chandra Ram, all residents of Yarpur Ambedkar Colony, P.S. Gardanibagh, District-Patna."

In view of the fact that the cause to contest the matter survives, the present interlocutory application (I.A. No. 685/2018)

Patna High Court MJC No.4262 of 2014 (9) dt.26-03-2018 2/2 stands allowed.

Let the name of the deceased petitioner Phool Chandra Ram be expunged from the cause title of the case and name of his wife and other legal heirs as stated in the petition be substituted in his place. Re.- M.J.C. No. 4262 of 2014 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Municipal Corporation. Learned counsel for the Municipal Corporation submits that now orders have been passed, Annexure-A of the supplementary show cause filed on 08.03.2018, in which the Corporation has admitted the entitlement of the late petitioner and, therefore, the money which is to be paid to him will now be paid to his legal heirs. The contempt application thus stands disposed of with a direction to the authorities to take immediate steps to release the payments which are due to the widow as well as the other legal heirs. The petitioners shall also file the necessary documents in this regard, if not already filed.

(Anjana Mishra, J) Saif/- U