Patna High Court
Alakh Niranjan SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- ALOK KUMAR SINHA
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
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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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