Md. Yusuf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20809 of 2021 ====================================================== Md. Yusuf (since dead, substituted by legal representatives, vide order dated 21.08.2023) Son of Hazi Mohammad Ibrahim alias Md. Ibrahim Resident of Mohalla- Malik Tola, Samanpura, P.O.- B.V. College, Police Station- Shastri Nagar, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Finance, Government of Bihar, Patna.

2.

The Joint Secretary, Department of Finance, Government of Bihar, Patna. 3.

The Deputy Secretary of Finance, Government of Bihar, Patna. 4.

The Principal Secretary, Quality Control, Government of Bihar, Patna. 5.

The Deputy Director, Quality Control Division (Irrigation Department), Dehri-on-Sone, District- Sasaram (Rohtas).

6.

The Executive Engineer, Rural Development Special Division (1), Buxar. 7.

The Accountant General, Bihar, Patna.

8.

The Principal Secretary, Water Resources Department, Government of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Shamimul Hoda, Advocate For the State :

Mr.Raghwendra Kumar ( Sc22 ) Mr. Ravi Ranjan, AC to SC-22 For the Accountant General:

Mr. Raghwendra Kumar, SC-22 Mr. Ravi Ranjan, AC to SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-08-2023 I.A. No.01 of 2023 1.

The present interlocutory application has been filed for substituting the legal heirs of the deceased-petitioner, who is stated to have died on 14.11.2022.

2.

The interlocutory application, being formal in nature, is not opposed, hence is allowed.

3.

The registry is directed to implead the legal heirs of

Patna High Court CWJC No.20809 of 2021(5) dt.21-08-2023 2/3 the deceased-petitioner, details whereof have been mentioned at page no.3 of the present petition, in place of the deceased-petitioner. CWJC No.20809 of 2021 1.

The present writ petition has been filed seeking the following reliefs:- "(i) For direction/directions, order/orders for disposal of the representations dated 04.03.2019, 29.04.2019, 08.07.2019, 19.08.2019 and 23.12.2019 in accordance of law and return the original deed of the petitioner which has been mortgaged and kept by the Respondent for loan advance of house construction, given to him.

(ii) For order/orders, direction/directions to the respondents for disposal of the representation of the petitioner on the basis of concern documents available in the department."

2.

At the outset, the learned counsel for the petitioner seeks liberty to add the Principal Secretary, Water Resources Department, Government of Bihar, Patna, as party respondent no.8 to the present writ petition.

3.

Let the same be done during the course of the day. 4.

At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file an appropriate representation, annexing the relevant documents, before the

Patna High Court CWJC No.20809 of 2021(5) dt.21-08-2023 3/3 Principal Secretary, Water Resources Department, Government of Bihar. Liberty so sought is granted.

5.

It is needless to state that in case appropriate representation is filed before the respondent no.8, within a period of four weeks from today, appropriate order shall be passed thereon, in accordance with law, within a period of six weeks thereafter.

6.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U