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2026 Supreme(Online)(Pat) 3342

PATNA HIGH COURT
Partha Sarthy, J
Ram Bali Bhagat – Appellant
Versus
The State of Bihar & Ors. – Respondent
Civil Writ Jurisdiction Case No.855 of 2017



Advocates:
For the Appellants/Petitioners: Ms. Sandhya Kumari Sinha, Mr. Arun Kumar
For the Respondents: Mr. Ajay, GA-5

Legal heirs are permitted to substitute deceased petitioners in ongoing proceedings.

Headnote:The Court addressed an application for the substitution of the sole petitioner following his death on 28.12.2017, allowing the application and granting substitution by the petitioner's legal heirs. It noted the need to amend the court records accordingly. The State was directed to provide instructions regarding concurrent departmental proceedings against the original petitioner, particularly in light of the petitioner's demise.

Table of Content
1. discussion on additional petitions (Para 4)
2. court's directive to amend records and inquiry (Para 6 , 7 , 8)

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

7 05-01-2026 Re: I. A. no.2 of 2025.

1. The instant application has been filed for substitution of the sole petitioner on account of his death on

28.12.2017.

2. Having heard learned counsel for the parties and having perused the contents of the petition, the prayer made in the instant application is allowed.

3. It is directed that the name of the sole petitioner be expunged from the records of the instant case on account of his death on 28.12.2017 and be substituted by his legal heirs i.e. his daughter and son, details of whom are as follows :-

“(i) Shikha Mayuri aged about 23 years, female, daughter of Ram Bali Bhagat, Resident of Village- Khalilpur, P.S.

Pratappur, District Muzaffarpur.

(ii) Utsav Raj aged about 10 years, male, Son of Ram Bali Bhagat, Resident of Village- Khalilpur, P.S. Pratappur, District Muzaffarpur.”

4. Learned counsel for the petitioner submits that the wife of the sole petitioner also died on 20.2.2025. Vakalatnama of the heirs i.e. the daughter and the son of the deceased petitioner has been filed along with the interlocutory application.

5. I. A. no.2 of 2025 stands allowed.

Re: CWJC no.855 of 2017.

6. Office is directed to make necessary corrections in the memo of parties of both the electronic as also the physical file of the writ application by deleting the name of the sole petitioner and substituting the same by the legal heirs mentioned herein above.

7. It transpires from the contents of the counter affidavit filed on behalf of the respondent nos.3 to 7 and more particularly paragraph no.8 thereof that the departmental proceeding had commenced against the original petitioner.

8. Learned counsel for the State to take instructions as to what was the result of the departmental proceeding, especially in view of the fact that the sole/original petitioner died on 28.12.2017.

9. Put up this case under the heading ‘For Admission’

on 12.1.2026.

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