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
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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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