Patna High Court
Sitaram Singh and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that the writ application is disposed, granting liberty to the remaining petitioners to file a representation within one month and directing the Director to dispose of it within six months, while the application is deemed abated as to the deceased petitioners.
Summary
The petitioners, a group of residents of Sitamarhi, filed a writ application against the State of Bihar and officials of the Primary Education Department. During the pendency, three petitioners died and no one stepped forward for substitution, leading to a claim of abatement for those deceased petitioners. The remaining petitioners sought permission to file a fresh representation before the Director of Primary Education and requested a fixed time‑frame for disposal. The State had no objection to this limited prayer. The Court granted liberty to the petitioners to file the representation within one month and directed the Director to decide it within six months, with a further three‑month window to implement any relief awarded. The writ application was consequently disposed, and any pending interlocutory applications were deemed disposed.
Issues considered
- Whether the death of petitioners during pendency abates the writ application as to those petitioners
- Whether the Court can direct the filing of a fresh representation before the Director of Primary Education and prescribe a time‑frame for its disposal
Subjects
- writ jurisdiction
- abated petition
- representation
- primary education department
- direction
- deceased petitioners
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16091 of 2016
======================================================
1. Sitaram Singh and Ors Son of Late Ram Prasad Singh Resident of Village
and P.O. koari Madan, P.S.-Majorganj, District-Sitamarhi
2. Liyakat Mansoori Son of Late Indrajeet Mansoori Resident of Village and
P.O. Dumri Khurd, P.S. Majorganj, District-Sitamarhi
3. Khobhasi Singh Son of Late Suraj Singh Resident of Village-Barahi Hari
Ram P.O. Dumri Khurd, P.S. majorganj, District-Sitamarhi
5. Subh Narayan Mahto Son of Late Paldhari Mahto Resident of Village-
Bhalohiya, P.O. Dumri Khurd, P.S. Majorganj, District-Sitamarhi
6. Chandradev Singh Son of Late Sonphi Singh Resident of Village-Dangraha,
P.O. Dumri Kala, P.S. Majorganj, District -Sitamarhi
7. Shankar Jha Son of Late Brahmdev Jha Resident of Village- P.O. Madhopur,
P.S. Majorganj, District-Sitamarhi
9. Mahendra Mistri Son of Late Sahbir Mistri @ Sahbir Mahto Resident of
Village and P.O. P.S.-Majorganj, District-Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Director, Primary Education, Education Department, Vikash Bhawan,
New Secretariat, Patna.
3. The District Officer, Sitamarhi, District-Sitaamarhi
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Kumar, Advocate
For the Respondent/s : Mr. Madhaw Pd. Yadav- Gp23
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
11 29-01-2026 Heard learned counsel for the petitioners and
learned counsel for the Respondent-State.
2. Learned counsel for the petitioners submits that
petitioner no. 3, petitioner no. 5 and petitioner no. 7 have died
during the pendency of the case and nobody is coming forward
for their substitution.
Patna High Court CWJC No.16091 of 2016(11) dt.29-01-2026
2/3
3. In such situation, the present writ application will
be deemed to have been abated qua petitioner nos. 3, 5 and 7.
4. With regard to petitioner nos. 1, 2,6 and 9, learned
counsel for the petitioners submits that he is prepared to file a
fresh representation before the Director Primary Education
Department, Government of Bihar, Patna and prays that an
appropriate direction be issued to the Director Primary
Education to dispose of the representation within a fixed time
frame after giving an opportunity of hearing to the petitioners.
5. To the aforesaid submission made by the learned
counsel for the petitioners, learned counsel appearing for
Respondent-State does not have any objection.
6. Considering the limited nature of prayer made by
learned counsel for the petitioner nos. 1,2, 6 and 9, this writ
application is disposed of granting liberty to the petitioner to file
a representation before the Director Primary Education
Department, Government of Bihar, Patna within one month
from the date of this order. If such a representation is filed, the
Director, Primary Education Department shall dispose of the
same within a period of six months from the date of the receipt
of the representation after giving an opportunity of hearing to
the petitioners. The final order which shall be passed should be
Patna High Court CWJC No.16091 of 2016(11) dt.29-01-2026
3/3
a reasoned and speaking order. It is further made clear that in
case the petitioners are found entitled to the relief which the
petitioners would be claiming through the representation then
the same should be extended to the petitioners within three
months from the date of passing of the final order by the
authority concerned.
7. With the aforesaid observation, directions and
liberty granted, the present writ application is disposed of. All
pending Interlocutory Applications, if any, will be deemed to
have been disposed of.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
Checking your session…