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Patna High Court

Subodh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition was disposed as the petitioner was deceased, and the court declined to entertain the merits.

Summary

Subodh Kumar filed a writ petition in the Patna High Court seeking to quash a certificate proceeding (Case No. 01/2014-15) and an arrest warrant, alleging lack of jurisdiction. He also prayed for certiorari to set aside the warrant. During the hearing, counsel informed the court that the petitioner had died. The court held that, in view of the petitioner's death, the proceedings could not continue and any recovery must be pursued against his legal heirs through a fresh notice. Accordingly, the writ petition was disposed without addressing the substantive jurisdictional claims.

Issues considered

  • Whether the certificate proceeding and arrest warrant can be quashed on the ground of lack of jurisdiction.
  • Whether the death of the petitioner bars continuation of the writ petition and the proceedings against him.

Subjects

  • writ petition
  • certiorari
  • jurisdiction
  • death of petitioner
  • certificate proceeding
  • arrest warrant

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.17681 of 2019
                 ======================================================
                 Subodh Kumar Son of Late Shyam Narayan Prasad Proprietor of M/s Param
                 Dayal Rice Mill, Rajgir Road Silao, resident of village- basaniyawa, P.O.-
                 Nuhuv, P.S.- Chhabilapur, District- Nalanda.

                                                                         ... ... Petitioners
                                                   Versus
           1.    The State of Bihar Through the Principle Secretary, Food and Consumer
                 Protection Department, Bihar at Patna.
           2.    The Bihar State Food and Civil Supplies Corporation Through the Managing
                 Director, Bihar at Patna.
           3.    The District Certificate Officer Nalanda, District- Nalanda.
           4.    The District Manager Bihar State Food and Civil Supplies Corporation,
                 District- Nalanda.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner    :       Mr. Anil Kumar Singh, Advocate
                 For the Respondents   :       Mr. Arvind Ujjawal, SC4
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
                                                ORAL ORDER

3   29-06-2026                 1. The present Writ petition is filed for the

                   following reliefs:

                                             “i. That the present writ
                                  application is being filed for
                                  quashing the entire certificate
                                  proceeding           of       case        No.
                                  01/2014-15          pending         in    the
                                  Court      of    District       Certificate
                                  Officer, Nalanda; on the ground
                                  that the annexures attached at
                                  Annexure         No.-P/2       is   without
                                  jurisdiction.
                                             ii. That the present writ
Patna High Court CWJC No.17681 of 2019(3) dt.29-06-2026
                                             2/3




                          application is being filed in the
                          nature of Certiorari for setting
                          aside      the       warrant     of     arrest
                          issued against the petitioner
                          (Annexure-P-4) arising out of
                          Certificate Case No. 01/2014-15
                          as     the         certificate    is     itself
                          without jurisdiction;
                                      iii.         For    any     other
                          relief/Reliefs            for   which     the
                          petitioner is entitled for.”
                      2. It is submitted by the Learned Counsel

          for the petitioner that the sole petitioner is no

          more.

                      3. In view of the death of the petitioner,

          the proceedings initiated against him cannot be

          continued. If the respondents intend to recover any

          amount from the legal heirs of the deceased

          petitioner, they have to issue a fresh notice.

          Accordingly,            nothing            further      survives   for

          adjudication in the present writ petition, and there

          is no necessity to bring the legal heirs of the

          deceased petitioner on record.

                      4. With the above said observation, the

          Writ petition is disposed of.
          Patna High Court CWJC No.17681 of 2019(3) dt.29-06-2026
                                                     3/3




                                5. Interlocutory Application(s), if any, shall

                    stand disposed of.



                                                  (G. Anupama Chakravarthy, J)
Shanu/-

U


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