Patna High Court
Smt. Kamla Devi and AnrversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that the writ petition stands abated where the petitioner is deceased without substitution and is dismissed where the petitioner does not wish to press the petition.
Summary
Petitioners Smt. Kamla Devi (deceased) and Kumari Archana filed a civil writ petition against the State of Bihar and education officials. The petitioners' counsel informed the court that the first petitioner had died and no substitution was forthcoming, and that the second petitioner had no instructions to continue the proceedings. The court examined whether the petition could proceed in light of the death of a petitioner and the lack of desire to pursue the case. It held that a petition cannot continue when the petitioner is dead without substitution, and that a petition not pressed by a petitioner must be dismissed. Consequently, the petition was dismissed as not pressed with respect to petitioner no. 2 and abated with respect to petitioner no. 1.
Issues considered
- Whether a writ petition stands abated when the petitioner is deceased and no substitution is made
- Whether a writ petition can be dismissed when the petitioner does not wish to pursue the relief
Subjects
- Writ jurisdiction
- Abatement
- Death of petitioner
- Procedural law
- Civil procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13440 of 2017
======================================================
1. Smt. Kamla Devi and Anr W/o Bir Vijay Singh,
2. Kumari Archana, W/o Late Ravindra Kumar, Both resident of Village-
Piprahiya, P.O.- Aruan, P.S.- Bhagwanpur Hat, District- Siwan.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Director, Primary Education, Bihar, Patna.
3. The District Education Officer, Siwan. null null
4. The District Program Officer, Primary Education and Sarwa Shiksha
Abhiyan, Siwan.
5. The Block Education Extension Officer, Bhagwanpur Hat, Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Puskar Bhardwaj, Adv
For the State : Mr.Kameshwar Kumar -Gp17
For the BEPC Mr. Girijish Kumar, Adv
Mr. Akash Anand, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
6 31-01-2026 Learned counsel for the petitioners, Mr Pusker
Bharadwaj, junior counsel to learned senior counsel Mr. Sanjay
Singh submits that he is under that instruction to inform this
Court that the petitioner no. 1 is dead and nobody is coming
forward for substitution. So far as petitioner no. 2 is concerned,
the counsel does not have any instruction to proceed further in
the writ application. He therefore, prays that an appropriate
order be passed.
2. Learned counsel for the Bihar Education Project
and State are present.
Patna High Court CWJC No.13440 of 2017(6) dt.31-01-2026
2/2
3. As prayed for, by the learned counsel for the
petitioner this case is dismissed as not pressed qua petitioner
no. 2 and for petitioner no. 1, the case stands abated.
(Alok Kumar Sinha, J)
N.K/-
U
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