Vachaspati Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13056 of 2024 ====================================================== Vachaspati Mishra, Son of Late Ram Shekhar Mishra, Resident of Ward No. 36, Village-Patuaha, P.S. and District- Saharsa (Bihar), Presently residing at Flat No. SF-04, Plot No.3 end 4, Khasra No-485, 2nd Floor, Shakti Enclave Extended Lal Dora, Burari, North Delhi, Delhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Bihar.

2.

District Magistrate, Saharsa.

3.

The Addl. Distirct Magistrate, Saharsa.

4.

The Circle Officer, Saharsa.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pratyush Pratap Singh, Advocate For the Respondent/s :

Mr. Government Pleader (20) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 02-09-2024 Heard Mr. Pratyush Pratap Singh, learned Advocate for the petitioner submitted that though the writ petition has been filed seeking a direction upon the respondent no. 3 to dispose of the Jamabandi Cancellation Case No. 05 of 2022 pending before him within a stipulated period of time, however, during the pendency of the writ petition he came to know through a newspaper that the dead body of petitioner has been found in a mysterious circumstance. In the aforesaid facts, he prays for a short adjournment.

2. Learned Advocate for the State submits that since the petitioner is no more alive and therefore continuation of the

Patna High Court CWJC No.13056 of 2024(2) dt.02-09-2024 2/2 writ petition without substituting the petitioner by his legal heirs, is not maintainable.

3. Considering the submissions advanced and taking note of the fact that the petitioner is no more alive, the writ petition has become infructuous.

4. Needless to observe the legal heirs of the petitioner is always at liberty to pursue the Jamabandi Cancellation Case No. 5 of 2022 and other remedies.

5. The writ petition stands disposed of.

(Harish Kumar, J) supratim/- U