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Patna High CourtCWJC/17367/2018disposed

Md. Mustaque v. The State Of Bihar And ORS

2025-02-18Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17367 of 2018 ====================================================== Md. Mustaque Son of Karimuddin, Resident of Village- Nikhra, Police Station- Kadwa, District- Katihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Katihar.

3.

The Circle Officer, Kadwa Anchal, Police Station- Kadwa, District - Katihar. 4.

The Sub Divisional Public Grievance Redressal Officer, Barsoi, DistrictKatihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Braj Kishore Singh, Adv.

For the Respondent/s :

Mr.Raj Kishore Roy- GP18 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-02-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

I.A. No.01 of 2019

2. Learned Counsel for the petitioner submits that the present I.A. No.01 of 2019 has been filed for substitution of petitioner, namely, Md. Mustaque from this case and at his place, name of his heirs and legal representatives may be inserted. He further submits that the petitioner died on 14.04.2019 leaving behind his heirs and legal representatives whose names are mentioned in paragraph 2 of the said I.A.

3. Counsel for the State has no objection for the same.

4. As such, let the present I.A. No.01 of 2019 for

Patna High Court CWJC No.17367 of 2018(2) dt.18-02-2025 2/3 substitution is hereby allowed, directing to the Office to insert the name of heirs and legal representatives of deceased petitioner in the present writ petition which is mentioned in paragraph 2 of the present I.A.

Re:- C.W.J.C. No.17367 of 2018

5. Learned Counsel for the State submits that the said notification which is mentioned in the prayer portion of the writ petition, is not notification rather it is a Letter contained in memo No.921 dated 21.04.2018 (annexure-3).

6. Counsel for the petitioner submits that from the Letter contained in memo No.921 dated 21.04.2018 (annexure3), no order has been passed rather the petitioner has been called in the Circle Office to appear with his documents.

7. Counsel for the State submits that it is not an order and by the said letter, the petitioner has not been prejudiced in any manner.

8. In the present facts and circumstances, this Court is not inclined to interfere in the said letter and, therefore, the present writ petition is hereby disposed off, directing the petitioner to appear before the Circle Officer in the light of Letter contained in memo No.921 dated 21.04.2018, who shall pass a reasoned and speaking order within 90 days from the date

Patna High Court CWJC No.17367 of 2018(2) dt.18-02-2025 3/3 of production of this order.

9. With the aforesaid direction, the present writ application stands disposed off.

(Dr. Anshuman, J.) Prakashmani/- U