IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3455 of 2011 MD.KAMALUDDIN, SON OF MD. DOMAN, RESIDENT OF MOHALLA- KHANKA, P.S. KOTWALI, DISTRICT-MUNGER. .PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, BISHWESHWARAIYA BHAWAN, BAILLEY ROAD, PATNA. 3. THE ENGINEER-IN-CHIEF, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, BISHWESHWARAIYA BHAWAN, BAILEY ROAD, PATNA. 4. THE CHIEF ENGINEER, ROAD CONSTRUCTION DEPARTMENT, BHAGALPUR. 5. THE SUPERINTENDING ENGINEER, ROAD CONSTRUCTION DEPARTMENT, EAST BIHAR CIRCLE, BHAGALPUR. 6. THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DIVISION, LAKHISARAI. 7. THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DIVISION, MUNGER. RESPONDENTS. ---------------- 03/ 14.09.2011 Heard learned counsel for the petitioner. No one appears for the respondents-State. This petition has been filed by the petitioner for modification of order dated 21.04.2011 by which CWJC no.10997 of 2005 was disposed of with a liberty to the writ petitioner to approach the authority concerned. Learned counsel for the petitioner submits that the writ petitioner was Md. Kamaluddin who died during the pendency of the said writ petition before 21.04.2011, but since his heirs, namely widow Ashgari Begam and only son Fakruddin had no knowledge or information about the writ petition they could not inform the learned counsel for the petitioner and the said order dated - 2 - 21.04.2011 was passed in the writ petition. Now they have filed this petition for modification of the said order so that they may be able to approach the authorities concerned for redressal of their grievances as they have stepped into the shoes of the original writ petitioner and are entitled to receive all the amounts claimed for. Considering the entire facts and circumstances of this case, this petition is disposed of with a liberty to Ashgari Begum, widow of Late Md. Kamaluddin and Fakruddin son of Late Md. Kamaluddin, both residents of Mohalla- Khanka, P.S. Kotwali, District-Munger to approach the Executive Engineer, Road Construction Division, Lakhisarai (respondent no.6) by filing an application raising all the claims which he has raised before this court. If such an application is filed by the said heirs of the writ petitioner before the said authority within fifteen days from today along with a copy of this order as well as a copy of order dated 21.04.2011 passed in CWJC No.10997 of 2005, the said authority shall decide the matter in accordance with law by a speaking order expeditiously. If any amount or interest is found admittedly payable, the said respondents shall pay the same to the petitioner immediately thereafter. However, if any amount or interest is not found payable in the said order, the petitioner shall be at liberty to challenge the same before the appropriate forum. Sunil (S. N. Hussain, J.)