Patna High Court
Dr. Dhirendra Nath Mishra and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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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