An interlocutory application seeking substitution of the petitioner after the death of the original petitioner in a writ petition regarding the supply of subsidized food grains was allowed by the Patna High Court.
The application for deletion of the petitioner's name and substitution of his son as petitioner was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.25399 of 2013
=========================================================== Sakaldeep Rai Son Of Late Dukh Haran Rai Resident Of Village And P.O.- Bavan Toli, Ward No. 11 Goroul, District- Vaishali (Hazipur), replaced by Alok Kumar, son of Late Sakaldeep Rai
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. AJAY KUMAR MISHRA Mr. Nagendra Kumar
For the Respondent/s : AAG
=========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 27-07-2016
I.A. No. 7220 of 2014
The application seeks deletion of name of the sole petitioner and his
substitution in his place.
The counsel for the applicant states that the cause survives even after
the death of the sole petitioner. Along with the interlocutory application, Vakalatnama has been filed.
After hearing the counsel for the applicant and the Additional Advocate General, the said application is allowed. The name of the sole petitioner shall stand deleted and in his place the applicant of the interlocutory application shall be substituted as the petitioner.
Heard the counsel for the petitioner as well as the learned Additional Advocate General for the State.
Patna High Court CWJC No.25399 of 2013 dt.27-07-2016
2/2
The original petitioner (father of the applicant) was holding a BPL card issued by the respondent State. Details of the card are given in paragraph 3 of this writ petition. It is stated that a person holding a BPL card is entitled to supply of food grains at subsidized rate. Such supply of food grains was made to the original petitioner but subsequently stopped. Against such stoppage of supply of food grains at subsidized rate to which a BPL card holder is entitled to, the present writ petition has been filed. From perusal of the writ petition, it appear that the petitioner made few representations in this regard before the district authorities including the District Magistrate, Vaishali which has till date remained unheeded to.
After having heard the parties, the writ application is disposed of by the following order:-:-
Let the petitioner file a fresh grievance application setting out details of his grievance before the respondent District Magistrate within 04 weeks whereafter the District Magistrate either himself or through the competent authority will cause an enquiry made and address the grievance of the petitioner in accordance with law, as quickly as possible, preferably within 06 weeks of such filing.
(Kishore Kumar Mandal, J)
HR/-
U
SAKALDEEP RAI
THE STATE OF BIHAR
DISTRICT MAGISTRATE, VAISHALI
SUB DIVISIONAL OFFICER, VAISHALI
RAMADHAR SINGH
AILOK KUMAR
KISHORE KUMAR MANDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
