IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3919 of 2004 Dr. Shashi Bhushan Choudhary, son of late Banarsi Choudhary, resident of Mohalla Puraniganj, Near sandalpur, O.P. and P.S. Karim Bazar, Distt. Munger. -------- Petitioner Versus 1. The State of Bihar through the Deputy Secretary, Department of Health, Bihar, Patna. 2. The Commissioner-cum-Secretary, Department of Health, Bihar, Patna. 3. The Deputy Secretary-cum-Chief Vigilance Officer, Department of Health, Bihar, Patna. 4. The Deputy Commissioner, East Singhbhum. 5. The Superintendent, M.G.M. Medical College and Hospital, Jamshedpur. 6. The Accountant General, Bihar, Patna. -------- Respondents ----------- 5 23.09.2010 Counsel for the petitioner would submit that during pending of this Court, the petitioner has died. That being so, when there is no application for substitution, this writ application must be held to have abated. Such abetment, however, will not come in the way of the legal heirs to institute a fresh proceeding for the cause of action raised in this writ application if right to sue would still survive to them. With the aforesaid observation, the records of this case is directed to be consigned. Rsh (Mihir Kumar Jha, J.)