Satrudhan Prasad Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15862 of 2021 ====================================================== Satrudhan Prasad Ray Son of Chandrika Ray, Resident of Vilalge-Kochwara, P.O. Arvind Nagar, P.S. Dariyapur, District-Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3.

The Principal Secretary, Consumer and Food Protection Department, Government of Bihar, Patna.

4.

The Divisional Commissioner, Saran Division Chapra, 5.

The District Magistrate, Saran at Chapra, District-Saran at Chapra. 6.

The District Supply Officer, Saran at Chapra District-Saran at Chapra. 7.

The Sub-Divisional Officer, Sonepur, District-Saran at Chapra. 8.

The Additional Sub-Divisional Officer, Sonepur,District-Saran at Chapra. 9.

The Block Supply Officer, Dariyapur, District-Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.B.K.Manglam, Advocate Mr. Awnish Kumar, Advocate For the Respondent/s :

Mr.Arvind Ujjwal ( Sc4 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 21-01-2022 I.A. No. 1 of 2022:

Heard.

This interlocutory application has been filed for expunging the name of deceased sole petitioner, namely,

2/4 Satrudhan Prasad, who is stated to have died on 07.12.2021 during the pendency of this application and for substitution of his legal heir, his son, namely, Manoj Kumar Ray. In view of the fact that the original petitioner had filed this writ petition for certain relief and there is no objection on part of the respondent, the I.A. No.1 of 2022 is allowed. Let the name of deceased sole petitioner, namely, Satrudhan Prasad Ray be expunged and in his place his legal heir, Manoj Kumar Ray, as described above, be substituted in his place.

CWJC No.15862 of 2021:

Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

3/4 Since the original petitioner has approached this Court without exhausting the statutory remedy of appeal against the impugned order and now he is is no more, as such, petitioner's

4/4 legal heir(s) is granted liberty to file an appeal before the appellate authority against the order passed by the SubDivisional Officer, Sadar Sonepur, District-Saran at Chapra -cum- licensing authority, and if any such appeal is filed within 4 weeks from today, the appellate authority shall condone the delay in filing the appeal and shall decide the appeal on its own merit preferably within 8 weeks from the date of its filing. With aforesaid liberty, the writ petition stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.01.2022 Transmission Date NA