Patna High Court

DR.SACHIDANAND RAIversusTHE STATE OF BIHAR and ORS

Decided: 21 January 2026
Disposal: DISMISSED
Bench: G ANUPAMA CHAKRAVARTHY

Holding

A writ petition becomes infructuous upon the death of the petitioner and may be withdrawn, leading to its dismissal.

Summary

The petitioner, Dr. Sachidanand Rai, filed a civil writ petition before the Patna High Court challenging actions of the State of Bihar and various health department officials. During the proceedings, counsel informed the court that the petitioner had died. The death of the petitioner raised the question of whether the writ petition could continue or be withdrawn. The court held that the death rendered the petition infructuous, as there was no longer a party to pursue the relief sought. Consequently, the court granted permission to withdraw the petition and dismissed the writ as infructuous.

Issues considered

Whether a writ petition becomes infructuous upon the death of the petitioner and may be withdrawn

Subjects

writ petition
death of petitioner
infructuous
withdrawal of petition
civil writ jurisdiction

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.23586 of 2013
                    ======================================================
                    DR.SACHIDANAND RAI S/O Late Ishwar Rai Resident Of Village-
                    Ishwarpur, Police Station- Sahar, District- Bhojpur.
                                                                             ... ... Petitioner/s
                                                        Versus
               1.    THE STATE OF BIHAR and ORS
               2.   Commissioner- Cum- Principal Secretary, Department Of Finance, Govt. Of
                    Bihar, Patna.
               3.   Additional Secretary, Department Of Health, Govt. Of Bihar, Patna.
               4.   Joint Secretary, Department Of Health, Govt. Of Bihar.
               5.   Deputy Secretary, Department Of Health, Govt. Of Bihar.
               6.   Director Indigenous Medicine, Govt. Of Bihar, Patna.
                                                              ... ... Respondent/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :     Mr.Shiv Kumar
                    For the Respondent/s     :     Mr.Manish Kumar GP-4
                    ======================================================
                    CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
                    CHAKRAVARTHY
                                          ORAL ORDER

5    21-01-2026                     1. The Learned counsel for the petitioner

                      reported to the court that the petitioner has died

                      and with the death of the petitioner, the matter

                      has become infructuous and he may be permitted

                      to withdraw the same.

                                     2. Permission as prayed for is granted.

                                     3. The writ petition stands dismissed as

                      having become infructuous.



                                           (G. Anupama Chakravarthy, J)
sunilkumar/-
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