IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.305 of 2010 1. Fekan Singh S/O Late Juthan Singh R/O Vill- Tengra, P.S. Barun, Distt. Aurangabad Versus 1. The State Of Bihar 2. Secretary To Govt. Minor Irrigation Deptt., Bihar, Patna 3. Principal Secretary Minor Irrigation, Bihar, Patna 4. Joint Secretary Govt. Of Bihar, Minor Irrigation Deptt., Patna 5. Superintending Engineer Irrigation Division, Bhagalpur 6. Executive Engineer Irrigation Division, Bounsi, Banka 3/ 05/09/2011 Learned counsel for the petitioner submits that the original petitioner has been deceased during the pendency of the writ application and his wife is desirous to be substituted in his place as the claims have financial implications for the family of the deceased. Learned counsel for the State submits that there is no proper substitution application on record. The writ petition was filed on 17.12.2009 after serving two copies of the same in the office of the learned Advocate General. No counter affidavit has been filed on behalf of the respondents till date. The impugned orders undoubtedly had adverse civil and monetary consequences not only for the delinquent but for his heirs also after his demise. If the respondents did not consider it necessary to assist the Court in timely dispensation of justice by filing a counter affidavit during the life time of the original petitioner, the Court opines that it does not behove the State to raise technical objections with regard to the 2 absence of a formal application for substitution. Matters of procedure are only handmaids of justice. To dismiss the writ application in absence of an application for substitution shall only be giving an advantage to the respondents in having deliberately denied access to justice during his lifetime by refusing to file a counter affidavit. The Court is not persuaded to give such a rigid interpretation to its powers under Article-226 of the Constitution. The power under Article-226 is wide enough for this Court to mould the proceedings in the facts of a case without doing violation to the Constitution, procedures or any other law. Since the Court is satisfied that the matter has, in any event, to be remanded, the formality of a substitution application shall only delay matters and the consequent right of the heirs to be considered for the relief. The Court considers it proper, keeping in mind the attitude of the respondents, to permit the wife of the original petitioner to pursue matters before the departmental authorities in terms of the order as detailed hereinabove. Let the same be considered and disposed expeditiously. The writ application is disposed. KC ( Navin Sinha, J.)