← Library
Patna High CourtCWJC/14623/2013disposed

Bablu Kumar v. The State Of Bihar And ORS

2015-08-17Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14623 of 2013 ====================================================== Bablu Kumar, Son of Late Mundrika Prasad, resident of Village - Sirsiya Pachay, P.S. Neemchak, Bathani, District - Gaya .... .... Petitioner.

Versus

1. The State of Bihar

2. The Principal Secretary, Food and Civil Supply Govt. of Bihar, Patna

3. The Commissioner, Magadh Division, Gaya

4. The District Magistrate, Gaya

5. The District Supply Officer, Gaya

6. The Sub - Divisional Officer, Neemchak Bathani, Gaya .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar, Advocate For the Respondent/s : Mr. P.N. Sahi ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 17-08-2015 The petitioner's father late Mundrika was holder of Fair Price Shop Dealer bearing license no. 74 of 1985. He died on 24.09.1991. It is the claim of the petitioner that his father was murdered. After death of Mundrika Prasad, on receipt of No Objection Certificate from the wife of deceased, the license was transferred in the name of brother of the deceased, namely, Yadunandan Prasad. The license was renumbered as 04 of 1992.

2. The petitioner submits that his father died quite early in his age and as he was minor and his mother being an illiterate woman, consent was given for the license being transferred in the name of his uncle, namely, Yadunandan Prasad. He submits that now Yadunandan Prasad stated that he has no

Patna High Court CWJC No.14623 of 2013 (2) dt.17-08-2015 2 / 2 objection, if the license is transferred in the name of the petitioner. The petitioner in support of his submission has annexed the affidavit sworn by Yadunandan Prasad.

3. A counter affidavit has been filed on behalf of respondent no.6

4. Having regard to the facts and circumstances of the case, if the petitioner files a representation before the licensing authority, S.D.O., Neemchak Bathani, Gaya, the same would be disposed of within a period of three months from the date of receipt of a copy of this order taking into consideration that petitioner was minor at the time of death of his father.

5. This application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U