Umesh Singh @ Umesh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5296 of 2020 ====================================================== Umesh Singh @ Umesh Prasad Singh Son of Late Kesho Singh Resident of Village- Mohanpur, Post and Panchayat- Thuthi, Police Station- Chautham, District- Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Civil Supply, Government of Bihar, Patna.

2.

The Commissioner, Munger Division, Munger.

3.

The District Magistrate, Khagaria.

4.

The Sub-Divisional Officer, District- Khagaria. 5.

The Assistant District Supply Officer, Khagaria. 6.

The Block Supply Officer, Chautham, District- Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Respondent/s :

Mr.Arvind Ujjwal (SC 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 24-11-2022 Heard the learned counsel for the petitioner and the State.

The writ petitioner, the licensee of the Public Distribution System (Control) Order, 2001, died during the pendency of this petition.

Patna High Court CWJC No.5296 of 2020(2) dt.24-11-2022 2/3 An attempt has been made by the learned counsel for the petitioner to have him substituted by his legal heirs, the details of whom have been provided in the Interlocutory Application No. 01 of 2021. However, considering the fact position of this case, where even if the substituted heirs succeed in getting the order of cancellation quashed, it would not inure any benefit to them, as provisions of Rule 10 of the Bihar Targeted Public Distribution System (Control) Order, 2016 for grant of licence on compassionate ground would not apply to the cases of the substituted heirs.

After having heard this, the learned counsel for the petitioner does not press the I.A. No. 01 of 2021 or the petition, but seeks an observation that in case fresh advertisement is issued for filling up the position and anyone of the proposed petitioners would apply, the fact that the licence of Late Mr. Umesh Singh @ Umesh Prasad Singh was cancelled, would not come in the way of their consideration for grant of licence.

Patna High Court CWJC No.5296 of 2020(2) dt.24-11-2022 3/3 The petition is dismissed as withdrawn with the afore-noted observation.

(Ashutosh Kumar, J) (Nawneet Kumar Pandey, J) HR/-Mahesh U