Dharmdeo Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.266 of 2020 ====================================================== Dharmdeo Mishra S/o Late Pandit Kapildeo Mishra @ Late Kapildeo Mishra R/o Village- Kendua, P.S.- Jehanabad, District- Jehanabad- 804408. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Department of Education, (Earlier konwn as Human Resources and Development Department) Govt. of Bihar, Patna. 3.

The Principal Secretary, Department of Primary Education, Govt. of Bihar, Patna.

4.

The Director, Department of Primary Education, Govt. of Bihar, Patna. 5.

The Deputy Director, Department of Primary Education, Govt. of Bihar, Patna.

6.

The Regional Deputy Director of Education, Magadh Division, Gaya. 7.

The District Education Officer, Jehanabad cum District Program Officer (Establishment), Jehanabad.

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

For the Petitioner/s :

Mr. Ashutosh Singh, Advocate For the Respondent/s :

Mr. Subhash Chandra Mishra, SC-16 Mr. Madhukar Mishra, AC to SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-06-2024 Re.: I.A. No.1 of 2024 The present interlocutory application has been filed to expunge the name of the sole-petitioner, who died on 02.08.2023 during pendency of this writ application, and insert the names of his legal heirs in his place.

2. For the reasons mentioned in this interlocutory application, this application is allowed and names of legal heirs of the deceased/writ petitioner mentioned in para-3 of this application is directed to be inserted in his place.

Patna High Court CWJC No.266 of 2020(5) dt.25-06-2024 2/2

3. Accordingly, I.A. No.1 of 2024 is allowed. C.W.J.C. No.266 of 2020

4. At the very outset, learned counsel for the substituted petitioners seeks liberty on behalf of the petitioners to approach the respondent authorities for redressal of their grievance. Liberty, so sought, is granted.

5. The substituted petitioners are directed to file a detailed representation before the Principal Secretary, Department of Education (respondent no.2) along with all supporting documents within a period of four weeks and the respondent no.2 is well advised to consider the case of the petitioners after affording opportunity of personal hearing or through his counsel and pass a reasoned and speaking order in accordance with law within six weeks thereafter.

6. It is made clear that respondent no.2 shall be held liable for non-compliance of this order within the stipulated period.

7. With the aforesaid direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J) Trivedi/- U