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Judgment
Manoj Kumar Tiwari, J
Petitioner had filed WPMS No. 1911 of 2016 seeking following relief:-
“(i.) A writ, order or direction in the nature of mandamus directing the respondents to construct proposed Culverts and retaining walls at Km-2 and
Km-3 on Kapkot-Duni-Sukunda Motor Road under Kapkot Vikas Khand in the District Bageshwar with immediate effect.â€
The said writ petition was disposed of with a direction to the respondents to release the budget at the earliest and further direction was issued to the
Superintendent Engineer, Circle â€" I, P.W.D., Almora to reconstruct the culverts and also to do the work of maintenance of road expeditiously.
Petitioner had filed this contempt petition in the year 2017 alleging non-compliance of the direction issued by this Court.
Today, when the matter was called out, Mr. Bhupendra Koranga, Advocate holding brief of Mr. S. K. Mandal, learned counsel for the petitioner
has made a statement at the bar that petitioner has passed away.
The direction issued by Writ Court was for releasing the budget, reconstruction of culverts and maintenance of road. Thus no relief was sought by
the petitioner which can be said to be personal to him. Since the right to sue does not survive, as petitioner had filed the writ petition in public interest,
therefore, no useful purpose would be served by keeping this contempt petition pending.
In such view of the matter, the contempt petition is closed. Notice issued to the opposite party is hereby discharged.