Om Prakash Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1246 of 2017 ====================================================== Om Prakash Gupta, Son of Sri Suresh Prasad, resident of Village- Piparahiya, P.O.- Nawalpur, P.S.- Nawalpur, District- West Champaran, Bettiah, Proprietor Jai Mata Di Trading and Milling, Industral Area, Kumar bagh, West Champaran.

... ... Appellant/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna.

3.

The Mangaing Director, Bihar State Food and Civil Supplies Corporation Limited, Patna.

4.

The District Magistrate, West Champaran, Bettiah. 5.

The Superintendent of Police, West Champaran, Bettiah. 6.

The Certificate Officer, West Champaran, Bettiah. 7.

The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., West Champaran, Bettiah.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shashi Bhushan Kumar, Advocate For the State :

Mr. S.Raza Ahmad - AAG5 Mr. Md. Kamil Akhtar, AC to AAG -5 For the Corporation :

Mr. Shailendra Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 12-09-2017 Having heard learned counsel for the parties, we are of the considered view that when the writ petition was disposed of on the submission made by the counsel for the petitioner himself in terms of the order dated 31.07.2017 passed in CWJC No.11039 of 2016, we see no reason to make any further indulgence into the matter. However, in case, the authority for any reason indicates that the

Patna High Court LPA No.1246 of 2017 dt.12-09-2017 2/2 case of the petitioner is not covered by the decision rendered on 31.07.2017 in CWJC No.11039 of 2016, petitioner shall have liberty to assail the same afresh in accordance with law before this Court. That apart, till the matter is not decided by the authority, no coercive steps for lodging criminal case against the petitioner shall be taken.

With the aforesaid, finding no indulgence to be made in the matter, the appeal stands disposed of.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.09.2017 Transmission Date