Patna High Court

Renu KumariversusThe State of Bihar

Decided: 28 April 2026
Disposal: DISMISSED
Bench: ANSHUMAN

Holding

A writ petition cannot proceed without the petitioner’s instructions and must be dismissed if the petitioner dies.

Summary

The petitioner, Renu Kumari, filed a civil writ petition in the Patna High Court challenging actions of the State of Bihar and its police officials. During the pendency of the petition, the petitioner passed away, leaving no one to instruct counsel. The petitioner’s counsel informed the court of the death and the lack of instructions. The court examined whether the petition could continue in the absence of the petitioner’s instructions. It held that a writ petition cannot proceed without a party to give instructions, and consequently dismissed the petition. The dismissal was entered as a final order.

Issues considered

Can a civil writ petition continue in the absence of the petitioner’s instructions due to the petitioner’s death?

Subjects

civil writ
petition dismissed
death of petitioner
lack of instructions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.8716 of 2025
                 ======================================================
                 Renu Kumari Daughter of Ram Japo Sah, Resident of Village- Shekha Tola,
                 Ekamba, Garhpura, District- Begusarai, Bihar- 848204.
                                                                        ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Chief Secretary, Government of Bihar at
                 Patna.
           2.    The Additional Chief Secretary, Home (Police) Department, Government of
                 Bihar at Patna.
           3.    The Director General of Police, Bihar at Patna.
           4.    The Inspector General of Police, Tirhut, Muzaffarpur.
           5.    The Superintendent of Police, Sheohar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Shekhar Harshvardhan, Advocate
                 For the Respondent/s   :      Mr. Standing Counsel (18)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   28-04-2026                     Learned counsel for the petitioner and learned

                   counsel for the State are present.

                               2. Learned counsel for the petitioner submits that,

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

                   As such, he has no instructions in the matter.

                               3. Accordingly, the present writ petition stands

                   dismissed due to lack of instructions.



                                                                   (Dr. Anshuman, J.)
Aman Kumar/-

U

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