Case Note & Summary
The case involved a writ application filed by Dr. Rabindra Kumar Choudhary against various respondents including Lalit Narayan Mithila University and its officials. During the pendency of the application, the petitioner passed away, leading to procedural complications. The court noted that the process server was unable to trace the heirs of the deceased petitioner to provide them with notice. Consequently, the court dismissed the application but granted leave for the heirs to approach the court if they wished to pursue the matter. The decision emphasized the importance of notifying the heirs in such circumstances and allowed them a reasonable time to act upon the order.
Headnote
A) Writ Jurisdiction - Dismissal of Application - Dismissal due to Petitioner's Death - Not applicable - The writ application was dismissed as the petitioner had died during the pendency of the case, and the heirs were not traced for notice. The court allowed the heirs to move the court if advised within a reasonable time from the date of knowledge of the order. Held that the dismissal was procedural due to the inability to notify the heirs (Paras Not mentioned).
Issue of Consideration
Whether the heirs of the deceased petitioner can pursue the writ application.
Final Decision
The writ application was dismissed due to the petitioner's death, with leave granted to the heirs to move the court if advised within a reasonable time from the date of knowledge of the order.
Law Points
- Writ jurisdiction
- Dismissal of application
- Heirs' rights
