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Patna High Court

Alakh Niranjan SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

Holding

The petition abated and was dismissed because the sole petitioner died and no substitution was effected.

Summary

The petitioner, Alakh Niranjan Singh, a government teacher, filed a writ petition in the Patna High Court. He died before the case concluded. The petitioner's counsel sought to file a substitution petition, but the legal heirs did not execute a vakalatnama, preventing substitution. The court noted that without a valid substitute party, the petition could not proceed. Consequently, the court held that the suit had abated due to the death of the sole petitioner and ordered its dismissal.

Issues considered

  • What is the effect on a writ petition when the sole petitioner dies and no substitute party is filed?

Subjects

  • death of petitioner
  • substitution of parties
  • abated suit
  • civil writ jurisdiction
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.16490 of 2017
                 ======================================================
                 Alakh Niranjan Singh S/o Late Narayan Singh, R/o Village and P.O.
                 Samastipur, P.S.- Sahebpur kamal, District- Begusarai, at present Posted and
                 working as an Assistant Teacher in Govt. Primary Scholl Samastipur, Block -
                 Sahebpur kamal, District- Begusarai.

                                                                                  ... ... Petitioner/s
                                                  Versus
           1.    The State Of Bihar through the Principal Secretary, Education Department,
                 Government of Bihar, Patna.
           2.    The Director , Primary Education, Education Department, Government of
                 Bihar, Patna.
           3.    The District Magistrate, Begusarai.
           4.    The District Education Officer, Begusarai.
           5.    The District Programme Officer Establishment, Begusarai.
           6.    The District Treasury Officer, Begusarai.
           7.    The District Accounts Officer, Begusarai.
           8.    The Headmaster Cum Drawing and Disbursing Officer, Govt. Primary
                 School Samastipur, Block -Sahebpur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s        :       Mr.Umesh Kumar Mishra, Adv
                                                     Mr. Mukesh Kumar, Adv
                 For the Respondent/s        :       Mr.Kameshwar Kumar -Gp17
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

5   13-01-2026                   2. Learned counsel for the deceased-sole petitioner

                   and learned counsel for the State are present.

                                 2.     By       previous   order   dated   09.12.2025,         last

                   indulgence was granted to Mr. Umesh Kr. Mishra, learned

                   Advocate to file substitution petition. Hwever, today Mr.

                   Mukesh Kumar, junior counsel to Mr. Umesh Kumar Mishra

                   submits that the legal heirs of the deceased-sole petitioner are
          Patna High Court CWJC No.16490 of 2017(5) dt.13-01-2026
                                                     2/2




                    not giving the Vakalatnama and, therefore, he is not in a position

                    to file substitution petition.

                                3. In view of the aforesaid facts and circumstances,

                    since the sole petitioner has died and he is not being substituted

                    by legal heirs, therefore, the case has abated and it is

                    accordingly dismissed.



                                            (Alok Kumar Sinha, J)
kiran/-

U


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