IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8241 of 2007 1. ASHOK KUMAR SINHA SON OF LATE RAM NARAYAN PRASAD RESIDENT OF MOHALLA RANIPUR, P.S. KHAJEKALLA, PATNA CITY, DISTRICT PATNA. 2. INDRADEO NARAIN SON OF LATE DAHU MAHTO RESIDENT OF CHANDRA MAHAJA KA GARH, NOON KA CHAURAHA, PATNA CITY, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, P.H.E.D., PATNA, BIHAR, NIRMAN BHAWAN, PATNA. 3. THE ENGINEER-IN-CHIEF P.H.E.D., BIHAR PATNA. 4. THE SUPERINTENDING ENGINEER, PATNA CIRCLE, RAJBANSHI NAGAR, BIHAR, PATNA. 5. THE EXECUTIVE ENGINEER, P.H.E.D. PATNA WEST DIVISION, RAJBANSHI NAGAR, PATNA. ----------- 5 18/03/2010 On 18.02.2010 counsel for the petitioners was granted time to take steps for filing of the substitution petition in so far as petitioner no. 1 was concerned. The stand of the State is that the cheque in favour of petitioner no. 1 was made ready but as he has died in the meanwhile, it is not being released. The case is being called out thereafter but no step on behalf of petitioner no. 1 has been taken by bringing the legal heirs on record. In absence of the same, no direction for release of payment is being made. Payment with regard to petitioner no. 2 has already been made over which is not the question of dispute now. - 2 - This writ application stands disposed of with liberty to the legal heirs of petitioner no. 1 that if they establish their bonafide over the aforesaid payment, then they may approach the authority with their request for the respondents to consider. AMIN (Ajay Kumar Tripathi, J.)