IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3319 of 2004 SRI SURYA BHUSHAN SHARMA, son of late Raideodhari Sharma, resident of village Lahaladpur, P.S. Kanti, District Muzaffarpur, at present posted as Assistant Teacher in Gandhi Janki High School, Bhatauna, P.S. and District Muzaffarpur ... Petitioner Versus 1. THE STATE OF BIHAR through Director (Secondary Education) Govt. of Bihar, Patna 2. Regional Deputy Director of Education, Muzaffarpur 3. District Education Officer, Muzaffarpur 4. Headmaster, Gandhi Janki High School, Bhatauna, Muzaffarpur ... Respondents ----------- 3. 9.11.2010 Having heard counsel for the parties as with regard to the solitary relief of promotion of the writ petitioner, and in view of a clear stand of the respondents that the petitioner had died way back in the year 2005, after filing of the writ application on 16.3.2004 and that despite service of such a counter affidavit on the counsel for the petitioner on 21.2.2007 no steps for substitution has been taken till date, this writ application must be held to have abated. Such abatement of this writ application, however, will not stand in the way of the heirs of the deceased writ petitioner to claim any consequential benefit which may have been given to the 2 petitioner had he been alive and found entitled for promotion in this writ application. In other words, the heirs of the writ petitioner will have a liberty to file a fresh writ application for the same cause of action. With the aforesaid observation this application is, accordingly, disposed of. (Mihir Kumar Jha,J.) Surendra/