IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8878 of 2002 Shafique Alam, Son of late Hajee Maula Bukhsh, Resident of Salimpur Ahara (South Gandhi Maidan), P.S. Gandhi Maidan, District Patna. -------- Petitioner Versus 1. The State of Bihar. 2. The Vice Chancellor, Veer Kunwar Singh University, Arrah. 3. The Registrar, Veer Kunwar Singh University, Arrah. 4. The Finance Officer, Veer Kunwar Singh University, Arrah. 5. Secretary, Higher Education, Government of Bihar, Patna. ------------ Respondents ----------- 4 21.06.2010 Heard learned counsel for the petitioner and counsel for the State. No one appears for the Veer Kunwar Singh University. The prayer of the petitioner in this writ application is for payment of certain arrears of D.A. and interim relief totaling Rs. 85,276/- for the period the deceased writ petitioner was working as a Registrar of Veer kunwar Singh University, Arrah i.e. 28.7.1995 to 6.1.1999. Let it be noted that the writ petition claiming the aforementioned amount of Rs. 85,276/- by way of arrears of D.A. or interim relief was filed on 1.8.2002 but the writ petitioner is said to have breathed his last in U.S.A. on 17.8.2007, whereafter, this interlocutory application being I.A. No. 3497 of 2008 has been filed for substitution of 2 one Miss. Sarwat Mobin @ Azli, minor daughter of Md. Mobin Ansari by claiming that actually she is the legal heir and representative for the purposes of the relief sought in this writ application. It has been sought to be explained by Miss. Sarwat Mobin that on 7.10.2002 the deceased writ petitioner had made a declaration before the Notary Magistrate at Patna wherein he has bequeathed the by way of gift the entire claim of the amount involved in this writ application. To substantiate this aspect, counsel also relies on the declaration on oath before the Notary Magistrate of one Rafia Alam, the wife of the deceased writ petitioner. In the opinion of this Court, the interlocutory application being I.A. No. 3497 of 2008 filed by Miss. Sarwat Mobin is wholly misconceived, inasmuch as, she cannot be held to be legal heir of the deceased writ petitioner. There is no succession certificate issued in favour of the Miss. Sarwat Mobin on the basis of which this Court can accept that either she was working or rendering valuable assistance in the last 3 days of the deceased writ petitioner or this Court has any material to even verify the correctness of the oral gift allegedly made by the deceased writ petitioner to Miss. Sarwat Mobin. As a matter of fact Miss. Sarwat Mobin was even on 26.5.2008 a minor and that is how her father has filed the application and affidavit which would be also difficult to believe that a man dying in USA was being served by Miss. Sarwat Mobin. That being so, this Court would not find Miss. Sarwat Mobin to be either legal heir or representative of the deceased writ petitioner and consequently I.A. No. 3497 of 2008 is hereby dismissed. It goes without saying that once this writ application has remained unrepresented on account of non-substitution by any legal heir or representative of the petitioner, the same also has to be dismissed as having become infructuous. That being so, this application is dismissed as having become infructuous. Rsh (Mihir Kumar Jha, J.)