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Patna High Court

Dr. Dhirendra Nath Mishra and OrsversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The writ petition was deemed infructuous for petitioners whose grievances were resolved or whose claim was abated, and the remaining petitioner was directed to seek relief through a representation before the university registrar.

Summary

Four university professors filed a civil writ petition against the State of Bihar, the Education Department and Lalit Narayan Mithila University seeking redress of alleged grievances. The court found that the grievances of petitioners 1 and 3 had already been satisfied, and petitioner 2 had died during the pendency with no heir to substitute, thereby rendering his claim abated. Consequently, the writ petition was held to be infructuous for those three petitioners. For petitioner 4, the court directed him to file a representation before the university registrar within one month and mandated the registrar to decide the matter within four months, with a reasoned order and any relief to be granted within three months thereafter. All pending interlocutory applications were deemed disposed of.

Issues considered

  • Whether the writ petition remains maintainable when some petitioners' grievances are already redressed
  • Effect of the death of a petitioner on the continuation of the writ petition
  • Appropriate procedural remedy for the remaining petitioner seeking relief

Subjects

  • civil writ jurisdiction
  • infructuous petition
  • abated claim
  • representation before registrar
  • university dues
  • procedural direction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.14687 of 2017
                 ======================================================
           1.     Dr. Dhirendra Nath Mishra Son of Late Chitra Nath Mishra, Professor of
                  Zoology, Maharani Kalyani College, Laheriasarai, Darbh Resident of
                  Mohalla-Rambagh Compound, P.O. P.S.-L.N.M. University, District-
                  Darbhanga.
           2.    Dr. Prof. Arvind Singh @ Dr. Prof. Sardar Arvind Singh, Son of-Prof. Sardar
                 Keshav Singh, Principal, Ram Nirikshan Atma Ram College, Samastipur,
                 Resident of Mohalla-Belwaganj, P.O. P.S.-Laheriasarai, District-Darbhanga.
           3.    Dr. Md. Nayyer Azam, Son of Late Md. Habib Associate Professor of
                 History, Maharani Kalyani College, Laheriasarai, Darbha Resident of
                 Mohalla-Benta West, P.O. P.S.-Laheriasarai, District-Darbhanga.
           4.    Dr. Dhrub Kumar, Son of Late Ram Manohar Lal Associate Professor, Post
                 Graduate Department of Psychology, Lalit Naray Resident of House No.5,
                 Road No. 5 B, Post Office Police Station-Laxmisagar, District-Darbhanga.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State Of Bihar
           2.    The Principal Secretary, Education Department, Government of Bihar,
                 Patna.
           3.    The Director, Higher Education, Education Department, Government of
                 Bihar at Patna.
           4.    The Lalit Narayan Mithila University, Kameshwar Nagar, darbhanga
                 through its Reggistrar.
           5.    The Vice-Chandellor, Lalit Narayan Mithila University, Kameshwar Nagar,
                 Darbhanga, District-Darbha
           6.    The Registrar, Lalit Narayan Mithila University ,Kameshwar Nagar,
                 Darbhanga, District-Darbhanga.
           7.    The Finance Officer, Lalit Narayan Mithila University, Kameshwarnagar,
                 Darbhanga, District-Darbhang

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Ajay Kumar Singh, Adv
                 For the Respondent/s   :     Smt. Shilpa Singh -Ga-12
                                              Mrs. Abhanjalli, AC to GA12
                 For the University     :     Mr. Md. Nadim Seraj, Adv
                                              Mr. Iqbal Asif Niazi, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

7   19-01-2026                    Learned counsel for the petitioners, learned counsel
Patna High Court CWJC No.14687 of 2017(7) dt.19-01-2026
                                           2/3




          for the respondent-University and learned counsel for the

          respondent-State are present.

                      2. Learned counsel for the petitioners submits that the

          grievance of petitioner nos. 1 and 3 have been redressed. So far

          as petitioner no. 2 is concerned, he has died during the pendency

          of the case and no legal heir is coming forward to be substituted.

          So far as petitioner no. 4 is concerned, he submits that some

          relief has been extended to him and for remaining dues, the

          petitioner no. 4 is prepared to file a representation before the

          Registrar, Lalit Narayan Mithila University, Kameshwar Nagar,

          Darbhanga.

                      3. The case against petitioner no. 2 stands abated.

          Since the grievance of petitioner nos. 1 and 3 has been

          redressed, therefore, this writ application stands disposed of as

          having become infructuous.

                      4. In respect of petitioner no. 4, the petitioner no. 4 is

          directed to file a representation before the Registrar, Lalit

          Narayan Mithila University, Kameshwar Nagar, Darbhanga

          within one month from today. If such a representation is filed

          within the stipulated time then the Registrar, Lalit Narayan

          Mithila University, Kameshwar Nagar, Darbhanga is directed to

          dispose of the same within a further period of four months after
          Patna High Court CWJC No.14687 of 2017(7) dt.19-01-2026
                                                     3/3




                    giving an opportunity of hearing to the petitioner. Needless to

                    emphasize that the final order which shall be passed by the

                    Registrar, Lalit Narayan Mithila University, Kameshwar Nagar,

                    Darbhanga should be a reasoned and speaking order. In case, the

                    petitioner no. 4 is found entitled to the relief as he would be

                    claiming through the representation, the same should be

                    extended to the petitioner no. 4 within a further period of three

                    months from the date of passing of the final order.

                                5. With the aforesaid observation/direction and liberty

                    granted, this writ application is disposed of. All pending

                    interlocutory application(s), if any, shall also be deemed to have

                    been disposed of.



                                            (Alok Kumar Sinha, J)
kiran/-

U


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