PATNA, India, June 18 -- Patna High Court issued the following judgment on June 16:
1. The Writ petition is filed by the petitioner for issuance of an appropriate writ/order/direction commanding the respondent authorities to make payment of dues amount of Custom Milled Rice of Rs. 35,27,445/- with interest and for quashing the notice dated 17.08.2017 along with notice under Section 7 of the Bihar and Orissa Public Demands Recovery Act, and Certificate issued under Section 5 of the Act in Certificate Case No. 56 of 2017-18 pending before the 6th respondent and to grant any other relief.
2. It is brought to the notice of this Court that the sole petitioner has died. Pursuant to the death of the petitioner, the respondents have not taken any steps against the legal heirs of the petitioner for the payment of the said amount. If at all any notice is issued to the legal heirs of the petitioner, a fresh cause of action would arise against them, which may be challenged. Therefore, nothing remains in the present Writ petition.
3. Considering the fact that nothing remains in the Writ petition for adjudication unless and until the legal heirs of the petitioner either receive a notice from the respondent authorities or make a representation to the respondent authorities for payment of the dues, cause of action will not survive, and therefore, the writ petition is dismissed in view of the death of the petitioner.
4. The legal heirs of the petitioner are at liberty to challenge any order passed by the respondents, pursuant to the death of the petitioner, if such a situation arises.
Disclaimer: Curated by HT Syndication.
