Deepak Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5959 of 2022 ====================================================== Deepak Kumar Verma, Son of Shri Rajeshwari Prasad Verma, Resident of Village- Telcha Near Dakghar, Prasotimpur, Police Station- Janta Bazar, District- Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Additional Secretary-cum- the Principal Secretary, Food and Civil Supplies Department, Govt. of Bihar, Patna.

3.

The Divisional Commissioner, Saran Division, Saran at Chapra. 4.

The Collector-cum- the District Magistrate, Saran at Chapra. 5.

The District Supply Officer, Saran at Chapra. 6.

The Sub- Divisional Officer, Sadar Chapra, Saran at Chapra. 7.

The Circle Officer, Lahladpur, Saran.

8.

The Block Supply Officer, Lahladpur, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra For the Respondent/s :

Mr. Arvind Ujjwal ( SC 4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 28-07-2022 Heard the learned counsel for the petitioner and learned counsel for the State.

The licence of the mother of the petitioner was cancelled, against which order the licencee/mother of the petitioner appealed before the District Authority. During the pendency of such appeal, the mother of the petitioner died. The petitioner is desirous of seeking licence on

Patna High Court CWJC No.5959 of 2022(2) dt.28-07-2022 2/2 compassionate ground but that could be done only after it is found by the Appellate Authority that the licence of the petitioner was wrongly cancelled.

Precisely, for this purpose, the petitioner has filed a substitution petition before the District Authority seeking a request to substitute him in place of his mother so that the appeal could be contested.

Such application has not been adverted to.

Without expressing any opinion over the issue whether in a case of cancellation of licence, which is purely in personam, any substitution petition could be allowed, this Court directs the Appellate Authority to dispose of such application this way or the other, within a period of 60 days from the receipt/production of a copy of this order. With the aforesaid observation/direction, the writ petition stands disposed of.

(Ashutosh Kumar, J) ( Jitendra Kumar, J) Skm/uttam/- U