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Patna High CourtCWJC/6606/2022dismissed

Murlidhar Tiwari v. The State Of Bihar

2022-10-12Mr. Justice Ashutosh Kumar,Mr. Justice Jitendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6606 of 2022 ====================================================== Murlidhar Tiwari S/o Late Ravi Nath Tiwari, Resident of Village-Bishunpur Horil, P.S.-Baruraj, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

2.

The Collector, Muzaffarpur.

3.

The District Supply Officer, Muzaffarpur.

4.

The Sub-Divisional Officer, West, District-Muzaffarpur. 5.

The Block Supply Officer, Motipur, District-Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjaya Nath Tiwari, Advocate For the Respondent/s :

Mr. Upendra Pratap Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 12-10-2022 Heard the learned counsel for the petitioner and the State.

The license of the petitioner/late Murlidhar Tiwari was cancelled by the licensing authority, which order was challenged by him before the concerned District Magistrate, Muzaffarpur vide Appeal No. 1/2022-23.

During the pendency of that appeal, the present writ petition was filed but before this matter could be taken up, the petitioner unfortunately left the world of living.

Patna High Court CWJC No.6606 of 2022 dt.12-10-2022 2/2 Mr. Dhananjay Nath Tiwari, learned counsel for the petitioner seeks to substitute the erstwhile petitioner with his heir for which he seeks time.

In view of the fact that an appeal is already pending before the concerned District Magistrate, we are not inclined to entertain this request.

This petition is dismissed but with the liberty that before the appellate authority such an application for substitution be filed which shall be considered by the concerned District Magistrate.

The writ petition stands dismissed with the aforenoted observations. (Ashutosh Kumar, J) (Jitendra Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.10.2022 Transmission Date NA