IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No. 309 of 2011 In CWJC No. 2902 of 2004 With I.A. No. 1352 of 2011 ==================================================== Seema Kumari Kunwar, wife of Late Baidyanath Dubey @ Baij Nath Dubey, resident of Village – Taakanpurn, P.O. Kusunbhara, P.S. Surjapura, Dist. - Rohtas ..……………….……. Intervenor - Appellant Versus 1.The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna, 2. The D.G. – cum – I.G. of Police, Bihar, Patna, 3. The D.I.G. of Police, B.M.P., Central Zone, Bihar, Patna, 4. The Commandant, B.M.P.-2,Dehri, Rohtas..Respondents/Respondents ==================================================== APPEARANCE For the appellant: Mr. Achal Kumar Sinha, Advocate. For the respondents: Mr. J.S. Barnwal, SC I. =================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 18.02.2011. Learned Advocates are not present in view of the strike call given by the Bihar State Bar Council. This Appeal under Clause 10 of the Letters Patent is preferred by the widow of the deceased writ petitioner against the judgment and order dated 14th July 2010 passed by the learned single Judge in CWJC No. 2902 of 2004. It is the case of the appellant that pending the writ petition the sole writ petitioner Sri Baidyanath Dubey @ Baij Nath Dubey passed away on 20th April 2006. The appellant has preferred this Appeal as an heir and the legal representative of 2 the deceased writ petitioner. It is apparent that the Appeal preferred by the appellant without seeking leave of the Court is not maintainable. However, in view of the fact that the order impugned is made by the learned single Judge against a dead person and is, therefore, a nullity. In the circumstances, the appellant may move the learned single Judge for recall of the impugned order dated 14th July 2010; for restoration of the writ petition; for substitution of the deceased writ petitioner by his heir and legal representative/s and for rehearing of the writ petition and decision on merits. Subject to the above observation, the Letters Patent Appeal and Interlocutory Application No. 1352/2011 are disposed of. Dilip ( R.M. Doshit, CJ ) ( Jyoti Saran, J )