IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1639 of 1995 Bhagya Narayan Sah, son of Ramdeo Sah, resident of Village- Sahila Rampur Tole Baluahan, P.S. Hathauri, District- Muzaffarpur ----- Petitioner ---- Appellant. Versus 1. The State of Bihar 2. District Magistrate-cum-Collector, Muzaffarpur 3. Birendra Prasad Singh, son of late Ambika Prasad Singh, resident of Village and P.O. Narma, Anchal- Bochahan, P.S. Hathauri, District- Muzaffarpur. 4. Rijhan Mahto son of Lakhan Mahto (deceased) 5. Kunai Mahto, son of Parmeshwar Mahto (deceased) Both of Village Sahila Rampur Tole Baluahan, District Muzaffarpur ------ Respondents ----- Respondents. ------------ 6. 17.9.2009 Heard Mr. Yogendra Prasad Sinha for the appellant, learned Assistant Counsel to Government Advocate No.2, and Mr. Dig Vijoy Kumar for respondent no.3. By order dated 27.4.2009, as prayed for by learned counsel for appellant, six weeks time was granted to take steps for substitution in respect of respondent no.4, who was reported by the peon to be dead. The requisite steps have not been taken as a result of which the impugned order has become final in so far deceased respondent no.4, or his heirs or representatives, are concerned. Allowing it to proceed further may result in inconsistent order. The appeal as a whole has become incompetent. It is accordingly dismissed. Vinay/ ( S. K. Katriar ,J. ) ( Shyam Kishore Sharma, J.)