IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13748 of 2003 DR.KAMLESH KUMAR MISHRA, son of late Bhagirath Nath Mishra, at present posted and working as Principal in Sri Ganesh Giribardhari Sanskrit Mahavidyalaya, Bakhtiyarpur, District Patna … Petitioner Versus 1. KAMESHWAR SINGH DARBHANGA SANSKRIT University, Kameshwarnagar Darbhanga through its Registrar Sri Chauthi Sadai 2. The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga 3. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga 4. The Ad-hoc Committee, Sri Ganesh Giribardhari Sanskrit Mahavidyalaya, Bakhtiyarpur, District Patna through its Secretary Prof. Bhogendra Jha 5. Sri Bhogendra Jha, Lecturer in Maithili, Ram Lakhan Singh Yadav College, Anisabad, Patna … Respondents ----------- 14. 28.9.2010 Today Mr. Durganand Jha, learned counsel for the deceased petitioner, in continuation of his earlier submission recorded in the order of this Court dated 23.9.2010, reading as follows: “ Learned counsel for the petitioner would submit that during pendency of this writ application, the petitioner has died but, he was not in a position to say as to when the petitioner has died. Counsel for the petitioner is also not in a position to say as to how this writ application will be maintainable, which is basically directed against the order of 2 suspension passed by the Governing body of an affiliated college of Sanskrit College affiliated to Kameshwar Singh Darbhanga Sanskrit University. He has expressed his inability to make submission only because he has not brought file with him and says that all the papers were taken away by the petitioner while he was alive to prepare rejoinder. This Court had, thereafter, offered counsel for the petitioner to go through the Court’s brief and make his submission but then a reply came from him that he has so many cases today in the cause list and therefore, he is not in a position to go through the file of the Court. Recording all these submissions, this case is adjourned for next Tuesday i.e. 28th of September, 2010. Let this case be listed on 28th of September, 2010 at the top of the list.” would submit that he has received instruction from the legal heirs of the deceased petitioner to say that whatever grievance was raised by the deceased petitioner in this writ application has already been redressed. He would, therefore, 3 submit that since no application has been filed by the legal heirs for their substitution this much liberty be given to the legal heirs of the deceased petitioner to press any further grievance to which the legal heirs would become entitle on account of service conditions and the death of the original writ petitioner. In the opinion of this Court once the writ petitioner has died and there is no substitution petition this writ petition will be deemed to have automatically abated. It, however, goes without saying that such abatement will not stand in the way of the legal heirs to press any legitimate claim of the deceased petitioner for which the cause of action would still survive to his heirs and legal representatives. Let the records of this case be, accordingly, consigned. (Mihir Kumar Jha,J.) Surendra/