Created by Fuzzy Cloud

Patna High Court

Krishna SharmaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition was dismissed as infructuous because the petitioner had died.

Summary

Krishna Sharma, wife of Madan Lal Sharma, filed a civil writ petition in the Patna High Court against the State of Bihar and several local officials. The petitioner’s counsel argued that the case had become infructuous because the petitioner had died and there was no one to continue the proceedings. The court examined the claim of death and the lack of a representative to pursue the petition. Finding that the petition could no longer be pursued, the court held that it was infructuous. Consequently, the writ petition was dismissed.

Issues considered

  • Whether the writ petition should be dismissed as infructuous due to the death of the petitioner?

Subjects

  • writ jurisdiction
  • infructuous petition
  • death of petitioner
  • petition dismissed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.2077 of 2022
                 ======================================================
                 Krishna Sharma Wife of Madan Lal Sharma Resident of Village- Sharmardila,
                 Police Station- Karahgar, District- Rohtas.
                                                                           ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar through the Chief Secretary, Government of Bihar, Patna-
                  800001.
           2.    The District Magistrate, District Rohtas at Sasaram, Bihar.
           3.    The District Panchayat Raj Officer, District- Rohtas at Sasaram.
           4.    The Sub-Divisional Officer, Sasaram, District- Rohtas at Sasaram.
           5.    The Block Development Officer, Karahgar Block, District- Rohtas at
                 Sasaram.
           6.     The Sarpanch, Gram Panchayat Raj- Samardihan, District- Rohtas.
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Raghunandan Kumar Singh, Advocate
                                               Mr. Harendra Kumar Singh, Advocate
                 For the State           :     Mrs. Archana Meenakshee (GP-6)
                                               Mr. Rana Veer Prawar, AC to GP-6
                                               Mr. Harish Singh, AC to GP-6
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   06-01-2026                     Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. Learned counsel for the petitioner submits that the

                   present case has become infructuous, as the petitioner has died

                   and there is no one to look after the case.

                                 3. As such, the present writ petition is hereby

                   dismissed as having become infructuous.



                                                                 (Dr. Anshuman, J.)

Aman Kumar/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.