IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15634 of 2005 SATYA DEO PRASAD SINGH, son of Late Mathura Singh, resident of 21/76, Bahadurpur, P. S. Kankarbagh, and District- Patna….. Petitioner. Versus 1, THE STATE OF BIHAR 2, The Accountant-General, Bihar, Patna. 3. The Deputy-Accountant General, Bihar, Patna. 4. The Account Officer, Accountant General Office, Bihar, Patna. 5. The Secretary, Agriculture Production Commissioner, Bihar, Patna. 6. The Joint Secretary, Agriculture, Bihar, Patna. 7. The District Magistrate, Nawadah. 8. The District Agriculture Officer, Nawadah. … Respondents. ----------- 4. 7.05.2010 Heard counsel for the petitioner and counsel for the State. Learned counsel for the petitioner submits that the petitioner is dead. The prayer of the petitioner in this writ petition was to the following effect:- “1. That this petitioner is being filed for issuance of an appropriate writ and/or direction, commanding the respondents and to quash the order dated 23.10.2003 as contained in letter no. 2044 dated 23.10.2003 passed by the respondent no. 4, Account Officer, Account General Office by which the respondent illegally recovered/deducted of Rs.79,200/- from the post retiral dues of the petitioner in violation of the law and Rules as well as to release the aforesaid amounts i.e. of Rs.79,200/- with due interest at the rate of 18% thereof till the payment is made.” 2 In that view of the matter, the right to sue in respect of the relief would not survive and therefore no gainful purpose would be served in substituting the legal heirs and representative of the petitioner. That being so, this writ petition has become infructuous and is dismissed accordingly. kanchan (Mihir Kumar Jha, J.)