IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1182 of 2004 In (CIVIL WRIT JURISDICTION CASE 9873/2000) 01. Sarwar Alam @ Sarwar Naim, S/o Late Md. Naimuddin 02. Tanwir Ahman, S/o Md. Moizuddin 03. Md. Mustaque @ Mustaque Ahman, S/o Md. Kafiluddin 04. Md. Jasimuddin @ Jasimuddin, S/o Late Md. Sabiruddin 05. Md. Sajjad @ Shahzad Alam, S/o Late Md. Nazibuddin 06. Md. Masoon Reza @ Masoom Reza, S/o Late Amiruddin 07. Razi Ahman, S/o Md. Aminuddin 08. Bibi Sahnaz @ Shahnaz Begum, W/o Late Md. Nazibuddin 09. Bibi Kaniza Khatoon @ Kaniza Khatoon W/o Late Md. Naimuddin 10. Bibi Farida Khatoon @ Farida Khatoon D/o Sk. Late Naziruddin 11. Md. Moizuddin @ Moizuddin Ahmad, S/o Late Nasiruddin, all residents of village-Kursaila, P.S. & District- Araria ….. Petitioners/Appellants Versus 01. The State Of Bihar 02. Sub-Divisional Officer, Araria 03. Circle Officer, Araria 04. Circle Inspector (Halka Karamchari), Araria 05. Lakshman Singh, S/o Jhari Singh, Resident of village- Kaishaila, P.S.- Araria & Disctirct- Araria …. Respondents/Respondents For the Petitioners:- Mr. Md. Abu Haidar & Mr. Abu Shajan, Advocates For the State:- Mr. S.C.-16 ---------------------------------- 11. 30.11.2011 The main grievance of the appellants before this Court is with reference to taking action against the dead persons like 1. Nasiruddin, son of Late Wasir Ali 2. Sk. Kafiluddin, son of late Wazir Ali, 3. Sk. Kaliur Rahman, son of Late Teen Kauri Rahman and 4. Bibi Sahidan and therefore, the orders should be declared as nullity as the 2 substitutes have not been brought on record by the concerned respondents. However the learned Single Judge has observed that the respondents has effectively represented before first authority which has been disputed by the learned counsel appearing on behalf of the appellants. There is no material placed before this Court that substitutes of dead persons have been brought on record after death of the deceased. Under the above circumstances, we set aside the order of the learned Single Judge and the matter is remanded back to the Circle Officer, Araria with a liberty given to the appellants to bring the substitutes of the dead persons, as stated at paragraph-4 of the memo of appeal, within a period of six weeks from the date of receipt/production of a copy of this order explaining the delay and the matter should be heard and disposed of afresh by the Circle Officer, Araria in accordance with law on or before 30th of June, 2012. With the above observation the L.P.A. stands allowed. The stay earlier granted by this Court will 3 be continued and the status quo should be maintained up to 30th June, 2012. We also make it clear that, if the appellants fail to bring the substitutes of the dead person on record, as indicated above, the status quo shall automatically stand vacated. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)