Patna High Court

Manoj Kumar YadavversusThe State Of Bihar and Ors

Decided: 8 January 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The writ application was dismissed, with liberty granted to the legal heirs to file a fresh writ petition.

Summary

The petitioner, Manoj Kumar Yadav, filed a civil writ application before the Patna High Court. During the hearing on 8 January 2026, the petitioner's counsel informed the court that the petitioner had died. The court considered the effect of the petitioner's death on the pending writ application. It held that the death of the petitioner renders the current application untenable. Consequently, the court dismissed the application but granted the legal heirs liberty to file a fresh writ petition if they wish to pursue the matter.

Issues considered

Does the death of a petitioner automatically abate a pending writ application?
May the legal heirs of a deceased petitioner file a fresh writ application in place of the original petitioner?

Subjects

death of petitioner
writ jurisdiction
legal heirs
fresh writ application
civil procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.19630 of 2012
                  ======================================================
                  Manoj Kumar Yadav

                                                                         ... ... Petitioner/s
                                                   Versus
                  The State Of Bihar and Ors

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :     Mr.Arbind Kumar Singh
                  For the Respondent/s   :     Mr.Vishwa Mohan Kumar Sinha
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

8    08-01-2026                    Heard the parties.

                                   2. Mr. Arvind Kumar Singh, learned advocate for

                    the petitioner has informed that the petitioner has died.

                                   3. In these circumstances, this application is

                    dismissed with liberty to the legal heirs of the petitioner to file a

                    fresh writ application, if they want to contest the matter.



                                                        (Sandeep Kumar, J)
niku/-

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