Patna High Court

Nigar AfjaversusThe State Of Bihar and Ors

Decided: 5 February 2026
Disposal: ABATED
Bench: ALOK KUMAR SINHA

Holding

The petition abated and was disposed of because the sole petitioner died and no substitution was made.

Summary

The petitioner, Nigar Afja, filed a civil writ petition against the State of Bihar and various education officials. During the proceedings, the petitioner died and no one stepped forward to be substituted as the plaintiff. The court had previously warned that the case would be dismissed for non‑prosecution if no representation appeared. On the next hearing, counsel confirmed the death and lack of substitution. The court held that the petition had abated due to the death of the sole petitioner and therefore disposed of the writ. The dismissal was based on the principle that a suit cannot continue without a party with a legal interest.

Issues considered

What is the effect of the death of a sole petitioner on a pending civil writ petition?
Whether the petition can continue in the absence of a substitute plaintiff?

Subjects

civil writ jurisdiction
abated petition
death of petitioner
substitution of plaintiff
non‑prosecution
high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.15829 of 2017
                 ======================================================
                 Nigar Afja W/o Md. Azaz, resident of Village- Salha, P.O.- Barbatta, P.S.-
                 Sarairanjan, District- Samastipur.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The State Of Bihar through Principal Secretary, Education Department,
                 Government of Bihar.
           2.    The Director, Primary, Education, Education Department, Govt. of Bihar,
                 Patna.
           3.    The Collector, Samastipur.
           4.    The District Education Officer, Samastipur.
           5.    The District Programme Officer, Samastipur.
           6.    The Block Education Officer, Sarairanjan, Samastipur.
           7.    The Block Development Officer, Sarairanjan, Samastipur.
           8.    The Panchayat Secretary, Sarairanjan East, Block- Sarairanjan, District-
                 Samastipur.
           9.    The Panchayat Employment Unit, the Gram Panchayat Raj Sarai Ranjan
                 East Block Sarairanjan, Distric
           10. The Mukhiya Gram Panchayat Raj Sarairanjan East Block Sarairanjan,
               District- Samastipur.
           11. The Presiding Officer District Teachers Appellate Authority, Samastipur.
           12. The Chairperson, State Appellate Authority, Niyojan Bhawan Bailey Road,
               Patna.
           13. Nazhat Praveen, W/o Md. Ekramu Haque, resident of Village- Salha, P.S.-
               Sarairanjan, District- Samastipur.
           14. Kumari Bibha, W/o ..............................., resident of Village- Sherpur
               Narsari, P.O.- Barbatta, P.S.- Sarairanjan, District- Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Rakesh Kumar Shrivastava, Adv
                 For the Respondent/s   :      Mr.Madhaw Prasad Yadav -Gp23
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

6   05-02-2026                    Learned counsel for the petitioner submits that the

                   sole petitioner has died and nobody is coming forward for being

                   substituted.
          Patna High Court CWJC No.15829 of 2017(6) dt.05-02-2026
                                                     2/2




                                2. Learned counsel for the respondent-State is present.

                                3. On the previous occasion i.e. on 05.01.2026, this

                    case has been adjourned by way of last chance making it clear

                    that if on the next date no one appears on behalf of the petitioner

                    or if the petitioner is not interested in pressing the writ

                    application then the Court may considering dismissing it for

                    non-prosecution.

                                4. Since the sole petitioner has died and no one is

                    coming forward for being substituted, therefore, this case has

                    abated and it is accordingly disposed of.



                                            (Alok Kumar Sinha, J)
kiran/-

U

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