IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9054 of 2002 DR.RAM CHANDRA PD.SINGH KUSHWA Versus THE STATE OF BIHAR & ORS ----------- 3 05.01.2010 Counsel for the petitioner submits that the petitioner has died though he does not know the certain date of his death. He prays for filing substitution petition in this regard. Prayer has been made to quash order of the S.D.O.,Sadar, passed in Case No. 1310MK/99 dated 31.8.2001, by which he has failed to pass order in terms of remand order passed in C.W.J.C.No. 9930/98 directing him to hear the petitioner and other concerned authorities as provided under section 5 of the Land Encroachment Act and also to consider the maintainability of the proceeding. As there is remedy of appeal before the Collector against such order, heirs of deceased petitioner would be entitled to move the Collector, West Champaran who would condone the delay in filing such appeal as the petitioner was pursing his remedy before this Court. With the aforesaid liberty to the heirs of deceased petitioner, this writ petition is held to be infructuous on account of his death. Shashi. (Samarendra Pratap Singh,J).