IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6192 of 2010 1. Arvind Prasad S/O Late Girdhari Prasad R/O Vill.- Chonu Bigha, P.S.- Sirdala, Distt.- Nawadah Versus 1. The State Of Bihar 2. The District Magistrate, Nawadah 3. The District Superintendent Of Education, Nawadah 4. The Circle Officer, Sondala, Distt.- Nawadah 5. The President Bidyalaya Siksha Samitti, Navsrijit Primary School, Chonu Bigha, Distt.- Nawadah 6. Pradhan Sikshak Bidyalaya Siksha Samiti, Navsrijit Primary School, Chhonu Bigha, Distt.- Nawadah 7. The Head Master Navsrijit Primary School, Chhonu Bigha, Distt.- Nawadah ----------- 2 08.09.2011 I.A.No.4466 of 2011 This interlocutory application has been field for expunging the name of the writ petitioner, Arvind Prasad who has since deceased during the pendency of the proceedings on 26.07.2010, by his legal heirs named in paragraph 1 of the interlocutory application. The interlocutory application is allowed. Let the name of the writ petitioner, Arvind Prasad be expunged from the proceedings and be substituted by his legal heirs named in paragraph 1 of the interlocutory application and who are as follows:- (i) Smt. Sushila Devi wife of late Arvind Prasad. (ii) Armresh Kumar son of Mr. Arvind Prasad. (iii) Kamlesh Kumar son of Mr. Arvind Prasad (iv) Pravesh Kumar son of Mr. Arvind Prasad (v) Ajay Kumar son of Mr. Arvind Prasad (vi) Nitu Kumari daughter of Mr. Arvind Prasad (vii) Vikash Kumar son of Mr. Arvind Prasad (iii) to (Vii) are minor sons and daughter under guardianship 2 of their mother Smt. Sushila Devi. C.W.J.C.No.6192 of 2010 The writ petition had been filed by late husband of the substituted petitioner No.1 seeking a direction to the respondent authorities of the Education Department in the District of Nawada for construction of school building of Navsrijit Primary School upon plot bearing No. 1 Khata No. 54 having an area of 21 decimals situated at Chhonu Bigha, P.S. Sirdala, District-Nawada. It was the contention of the writ petitioner at that stage that despite the decision of the District Authorities for construction of the Navsrijit Primary School over the plot in question as fully described herein above, nothing has progressed thereafter. Learned counsel for the petitioner with reference to a letter of the then District Superintendent of Education-cum-District Programme Co-ordinator. Bihar Education Project, Nalanda placed at Annexure-4 of the writ petition submits that the contentions made by the petitioner finds support from the said letter whereby the Chairman-cum-Secretary and the Ex-officio members of the school management, were directed to contact the Technical Supervisor and start the construction work of the school over plot No.1 Khata No. 54 having area of 21 decimals situated at Chhonu Bigha, P.S. Sirdala, District-Nawada. It is stated that when nothing moved despite the aforesaid letter dated 01.02.2010 of the District Superintendent of Education, the late husband of the substituted petitioner No.1, reported the matter before the District Magistrate-cum- Collector, Nawada on 25.02.2010 seeking appropriate direction from him for energizing the construction work. 3 Regard being had to the circumstances that despite pendency of the proceedings since 9.4.2010, no counter affidavit has been filed on behalf of the respondent authorities and in the meanwhile the original writ petitioner has since expired and has been substituted by his wife and his children, this Court is of the opinion that it would be but appropriate to dispose of the writ petition with a liberty to the substituted petitioner No.1 to file a representation before the District Magistrate, Nawada setting out her grievance in detail and who shall consider and dispose of the same in accordance with law within a period of 3 months from the date of receipt of such representation. With the aforesaid observation, the writ petition is disposed of. Bibhash (Jyoti Saran, J.)