Sheikh Hameed @ Hameed v. The State Of Bihar Through The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19180 of 2021 ====================================================== Sheikh Hameed @ Hameed S/o Late S.K. Rahman, Resident of Village - Pariyak, P.O. - Amdanda, Block - Sanhaula, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Bhagalpur.

3.

The Sub - Divisional Officer, Kahalgaon, District- Bhagalpur. 4.

The Block Supply Officer, Sanhaula, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandrasekhar Sharma For the Respondent/s :

Mr. Arvind Ujjwal ( SC 4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 22-03-2022 The petitioner has challenged the order dated 7th August, 2021 passed by the Sub-divisional Officer, Kahalgaon, Bhagalpur whereby the PDS license of the petitioner bearing License No. 12/16 was suspended.

During pendency of this petition, the petitioner died. Accordingly, Interlocutory Application No. 01 of 2022 has been moved for substituting the legal heirs of the deceased, Sheikh Hameed @ Hameed. Though the petitioner died leaving behind four sons but only one son namely, Md. Jibrail is proposed to be substituted in place of his deceased father.

On due consideration, we propose to allow

Patna High Court CWJC No.19180 of 2021(2) dt.22-03-2022 2/2 Interlocutory Application No. 01 of 2022, which is not opposed by the State Counsel. Ordered accordingly.

We give liberty to the Sub-divisional Officer, Kahalgaon, Bhagalpur to proceed further in the matter as per law and also examine whether there is any other legal heirs who are claimants to the PDS license, especially in light of Rule 28 of the Bihar Targeted Public Distribution System (Control) Order, 2016.

The writ petition stands disposed off on the aforementioned terms. Interlocutory Application No. 01 of 2022 also stands disposed off.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) Anjani/- U