IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2396 of 2009 Birendra Prasad Gupta, son of Late Shyam Narayan Prasad Gupta, resident of Village- Barhara, Police Station Murauna, District- Supaul. .....Petitioner. Versus 1. The State of Bihar. 2. The Commissioner, Koshi Division, Saharsa. 3. The District Collector, Supaul. 4. The Additional Collector, Supaul. 5. The Sub-Divisional Officer, Nirmali, Police Station- Nirmali, District Supaul. 6. Anchal Adhikari, Marauna, Police Station Marauna, District Supaul. 7. Mostt. Surma Devi, widow of late Jhari Lal Kamat. 8. Vijay Kumar Kamat, son of Late Jhari Lal Kamat. 9. Jai Prakash Kamat @ Ram Prakash Kamat, son of Late Jhari Lal Kamat. Respondent no.7 to 9 are resident of village- Barhara Tola, Gazhara, Police Station- Marauna, District Supaul. ....Opposite Parties. ----------- 03- 18.02.2010 Heard learned counsel for the petitioner, and Mr. Anwar Kareem, learned Assistant Counsel to Standing Counsel No.5. This application has been filed for recall of the order dated 19.8.2004, passed in C.W.J.C. No.4714 of 2003, whereby the petitioner was granted one week’s peremptory time to take steps for fresh service of notice on respondent no.7. Not having complied the same, the writ petition stood dismissed. 2 2. It is stated in the present application that respondent no7 died on 11.9.2003, and the writ petitioner was, therefore, required to inform the Court about his demise. The petitioner’s failure to do so, resulted in erroneous order dated 19.8.2004. It is, therefore, submitted that the order dated 19.8.2004 may be recalled so that the writ petitioner is in a position to file a substitution application in the writ proceedings. In the facts and circumstances of the case, the order dated 19.8.2004, passed in CWJC No.4714 of 2003, is hereby recalled. This application is accordingly disposed of. (S K Katriar, J.) S.K.Pathak/