Radha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4489 of 2014 In Civil Writ Jurisdiction Case No. 14002 of 2006 ====================================================== Radha Devi, wife of Late Kaushal Kishore Singh, resident of Village - Shikhari Chak, Mokama Ghat, P.S. - Mokama, District - Patna, at present Chondi, P.O + P.S. - Barh, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar, through the Chief Secretary, Bihar, Patna.

2. The Secretary, Water Resources Development Department, Sinchai Bhawan, Biahr, Patna.

3. The Engineer-in-Chief, Water Resources Development Department, Sinchai Bhawan, Bihar, Patna.

4. The Chief Engineer, Jal Sansadhan Vibhag, Darbhanga.

5. The Superitending Engineer, J.S.V. West Koshi, Canal Circle, Darbhanga.

6. The Executive Engineer, J.S.V. West Koshi Canal Circle, Darbhanga.

7. The Director, Provident Fund, Pant Bhawan, Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-04-2015 The present application has been filed for restoration of CWJC No.14002 of 2006, which stood dismissed for want of prosecution by an order dated 14.11.2014.

Learned counsel appearing on behalf of the petitioner has submitted that the sole petitioner died on 01.02.2014 during the pendency of the writ petition itself.

In view of the aforesaid admitted fact, the present application could not have been filed on behalf of a dead person on 28.11.2014 since admittedly the death of the petitioner has taken place on 01.02.2014.

The present application is not maintainable and is, accordingly, dismissed.

Arvind/- (Birendra Prasad Verma, J) U