The State Of Bihar And ORS v. Surendra Kumar Jodhani

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1701 of 2016 In Civil Writ Jurisdiction Case No. 4662 of 2016 ======================================================

1. The State of Bihar through the Collector, Bhagalpur.

2. The Collector, Bhagalpur.

3. The Supply Inspector, Sabour, Bhagalpur.

4. The Block Supply Officer, Sabour, Bhagalpur. .... .... Appellant/s

Versus

1. Surendra Kumar Jodhani Son of Late Ghanshyam Das Jodhani resident of mohalla - A.C. Ghosh Road, Kharmanchak, P.S. - Jogsar, District - Bhagalpur, Director of Jodhani Food Pvt. Limited, Barari , Bhagalpur. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ac To Sc5 Deepak Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 25-08-2017 Delay of 132 days in filing the appeal is condoned. I.A. No.6953 of 2016 is allowed and disposed of. Keeping in view the fact that the learned Writ Court has only exercised its discretionary jurisdiction in releasing the seized material looking to the perishable nature of the item, on furnishing sufficient security, the appeal against the discretion exercised by the learned Writ Court stands dismissed. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C. jha/- U