Patna High Court

Lal Babu Tiwary,versusThe State of Bihar

Decided: 9 February 2026
Disposal: WITHDRAWN
Bench: AJIT KUMAR

Holding

The writ petition is dismissed as withdrawn.

Summary

Lal Babu Tiwary filed a civil writ petition in the Patna High Court against the State of Bihar and several university officials. While the petition was pending, the petitioner died and his legal heirs did not seek substitution as parties. The petitioner’s counsel requested permission to withdraw the petition on these grounds. The Court considered whether a writ petition can be withdrawn after the death of the petitioner without a substitution. It held that the petition could be withdrawn and dismissed accordingly. Consequently, the writ petition was dismissed as withdrawn.

Issues considered

Can a civil writ petition be withdrawn when the petitioner dies and no substitution is made by legal heirs?

Subjects

writ petition
withdrawal
death of petitioner
substitution of parties
civil writ jurisdiction
Patna High Court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Civil Writ Jurisdiction Case No.20007 of 2019
                    ======================================================
                    Lal Babu Tiwary, son of Late Ram Bilash Tiwary, Resident of village-
                    laxmipur, P.S. Sonbarsha, District- Sitamarhi.
                                                                              ... ... Petitioner/s
                                                         Versus
               1.    The State of Bihar through the Principal Secretary, Human Recourse
                     Department, Bihar, patna.
               2.   The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University,
                    Kameshwar nagar, Darbhanga.
               3.   The Registrar, Kameshwar Singh            Darbhanga    Sanskrit   University,
                    Kameshwar Nagar, Darbhanga.
               4.   The Principal, Sri Ganesh Giribardhari Sanskrit College, Bakhtiyarpur,
                    District- Patna.
               5.    The Secretary, Governing Body, Sri Ganesh Giribardhari Sanskrit College,
                     Bakhtiyarpur, District- Patna.
                                                                          ... ... Respondent/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s   :      Mr.Ashok Kumar Garg
                    For the Respondent/s   :      Mr.Jitendra Kumar Roy 1 (Sc13)
                                                  Mr.J.P.Kishore, AC to SC 13
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                          ORAL ORDER

5    09-02-2026                      Learned counsel for the petitioner submits that

                      during pendency of the writ petition, the petitioner has died and

                      legal heirs do not proposes to get themselves substituted.

                                  2. In view of such, seeks permission to withdraw.

                                  3. The instant writ petition stands dismissed as

                      withdrawn.



                                                 (Ajit Kumar, J)
abhishekkr/-

U

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