Sanjay Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.381 of 2017 Arising out of Civil Writ Jurisdiction Case No. 10766 of 2014 =========================================================== Sanjay Kumar, Son of Awadh Bihari, resident of Dumwalia, P.O.-Naraipur, P.S.- Bagaha II and District-West Champaran.
.... .... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Food & Consumer Protection Department, Govt. of Bihar, Patna
2. Bihar State Food and Civil Supplies Corporation, Sone Bhawan, Birchand Patel, Patna, Patna through its Managing Director.
3. The Managing Director, Bihar State Food and Civil Supplies Corporation, Sone Bhawan, Birchand Patel Path, Patna.
4. The District Magistrate, Bettiah, West Champran.
5. The District Manager, Bihar State Food and Civil Supplies Corporation, Bettiah, West Chamnpran.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant : Mr. Shashi Bhushan Kumar, Advocate Mrs. Arti Kumari, Advocate For the State : Mr. S. Raza Ahmad, AAG-5 Mr. Vishwambhar Prasad, AC to AAG-5 For the B.S.F.C. : Mr. Shailendra Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) Date: 02-03-2017 Re: Interlocutory Application No.1414 of 2017 The application is for condonation of delay of 2 years 155 days in filing the Letters Patent Appeal.
Patna High Court LPA No.381 of 2017 dt.02-03-2017 2/3
2. For the reasons mentioned in the Interlocutory Application, we are satisfied that the appellant has shown sufficient cause to seek condonation of delay in filing the present Letters Patent Appeal.
3. Consequently, Interlocutory Application No.1414 of 2017 is allowed and delay in filing the Letters Patent Appeal is condoned.
Re: Letters Patent Appeal No.381 of 2017 The present Letters Patent Appeal is directed against an order passed by the learned Single Bench of this Court on 27.08.2014 deciding the writ application in light of the order passed in C.W.J.C. No. 9133 of 2014 (M/s Shivam Mini Modern Rice Mill vs. The State of Bihar & Ors.) decided on 22.07.2014.
L.P.A. No. 1709 of 2014 against the said judgment stands decided vide judgment reported as 2015(4) PLJR 422 (Arvind Kumar vs. State of Bihar).
It is pointed out by learned counsel for the appellant that the order passed in Letters Patent Appeal has since been partly modified on 23rd August, 2016 in Civil Review No. 150 of 2015 (Rohit Rice Mill vs. The State of Bihar and Ors.). After hearing learned counsel for the parties, we find that the matter in issue is covered by the Arvind Kumar's case (supra).
Patna High Court LPA No.381 of 2017 dt.02-03-2017 3/3 The appeal is decided in terms of the said judgment and as modified by this Court in Civil Review No. 150 of 2015 (Rohit Rice Mill vs. The State of Bihar and Ors.) decided on 23rd August, 2016.
(Hemant Gupta, ACJ) (Sudhir Singh, J) Narendra/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 04.03.2017 Transmission Date