The Food Corporation Of India Through Its Managing Director And ORS v. Uma Rai And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.249 of 2019 In Civil Writ Jurisdiction Case No.3865 of 2018 ====================================================== 1.

The Food Corporation of India through Its Managing Director and Ors 1620, Barakhamba Lane, New Delhi-110001 2.

The Executive Director (I.R.L.), Food Corporation of India, 16-20, Barakhamba Lane,New Delh-110001.

3.

The Chief General Manager (I.R.L.) Food Corporation of India, 16-20, Barakhmba Lane, New Delhi-110001 4.

The General Manager (I.R.L) Food Corporation of India, 16-20, Barakhamba Lane, New Delhi-110001 5.

The General Manager (Region), Bihar Region, Food Corportion of India Arunachal Building, Exhibition Road, Patna 6.

The Deputy General Manager (IRL/Procurement/ Storage/SL/TL), Bihar Region, Food Corporation of India, Arunachal Building, Exhibition Road, Patna.

... ... Appellant/s

Versus

1.

Uma Rai Son of Sri Chandrika rai Resident of Mohalla-Trimurti Nagar, Sultanpur, Ward No. 20, Taluk Dinapur-Cum Khagaul, P.S.-Danapur, Distt,- Patna 2.

Sudhir Giri Son of Late Baleshwar Giri, Resident of Vill.-Kalyanpur , P.O.- Kalyanpur P.S.-Bibhutipur, Distt.-Samastipur 3.

Mahesh Kumar Chandravanshi Son of Ram Bharosh Ram Resident of House No. 73/60, Mohalla-Tekari Road, P.O.-Delha, Circle-Vijay Bigha, Distt.- Gaya 4.

Nageshwar Yadav Son of Yadu Yadav Residen of Ward No.36, MohallaMoffarganj, Gareri Tola, P.S.-Karihar Town, District-Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. P.K. Verma, Sr. Advocate Dr. Mankeshwar Tiwari, Advocate Mr. Suman Kumar Jha, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 02-08-2022 Heard I.A. No. 01 of 2022.

Patna High Court L.P.A No.249 of 2019(4) dt.02-08-2022 2/2 Learned counsel for the appellant-Food Corporation of India submitted that in terms of order dated 05.07.2022 for non-compliance this Court order should have dismissed LPA No. 249 of 2019 on 19.07.2022. On the other hand, cost has been imposed. This Court had only two option in seeking compliance from the appellant failing which appeal should have been dismissed instead of imposing cost.

In the light of order dated 05.07.2022 read with 19.07.2022 I.A. No. 01 of 2022 stands allowed. The imposition of cost of Rs. 10,000/- is recalled. Accordingly, LPA stands dismissed in the light of the order dated 05.07.2022 and in noncompliance of the order. (P. B. Bajanthri, J) (Rajiv Roy, J) Vikash/- U