Shiv Shakti Agro Product And Rice Industries Pvt. Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.437 of 2015 Arising out Civil Writ Jurisdiction Case No. 10304 of 2014 Along with Interlocutory Application No.2018 of 2015 =========================================================== Shiv Shakti Agro Product and Rice Industries Pvt. Ltd., R/o- At- Gamharia, P.O+P.S.- Raxaul, District- East Champaran through its Managing Director, Ashok Kumar Sinha, S/o-Late Shiv Bachan Prasad Sinha, Resident of Mohalla- Mauze Raxaul, Ward No.-13, P.O.-Raxaul, P.S.- Raxaul, District- East Champaran. .... .... Appellant/s

Versus

1. The State of Bihar, through Principal Secretary, Food and Consumer Protection Department, State of Bihar, Patna.

2. The District Collector, District- East Champaran.

3. The Sub-Divisional Officer, District- East Champaran.

4. Bihar State Foods and Civil Supplies Corporation Limited, Through its Managing Director, Patna, Bihar.

5. The District Manager, Bihar State Food and Civil Supply Corporation Ltd., Motihari East Champaran.

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

For the Appellant : Mr. Krishna Mohan Mishra, Advocate For the Respondents-Corporation : Mr. Shailendra Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA And HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 13-05-2016

Patna High Court LPA No.437 of 2015 dt.13-05-2016 2/3 Re.: Interlocutory Application No.2018 of 2015 The application is for condonation of delay of 143 days in filing of the present appeal.

For the reasons mentioned in the application, we find that sufficient cause is shown by the appellant to condone such delay. Consequently, the delay in filing of the present Letters Patent Appeal is condoned.

Interlocutory Application stands allowed accordingly. Re.: Letters Patent Appeal No.437 of 2015 The order dated 23rd of July, 2014 passed by the learned Single Bench of this Court in CWJC No.10304 of 2014 is subject matter of challenge in the present Letters Patent Appeal. The said writ application was decided on the basis of an order passed in C.W.J.C. No.9133 of 2014 (M/s. Shivam Mini Modern Rice Mill Vs. The State of Bihar & Ors.) on 22nd of July, 2014. Vide the aforesaid order, analogous cases were also decided. The Letters Patent Appeal bearing L.P.A. No.1709 of 2014 (Arvind Kumar Vs. The State of Bihar & Ors.), arising out of one of the analogous cases was decided by the Division Bench of this Court on 17th of April, 2015.

2. Learned counsel for the appellant states that the present appeal be also decided in terms of the directions in L.P.A No.1709 of

Patna High Court LPA No.437 of 2015 dt.13-05-2016 3/3 2014 and other analogous cases.

3. In view of the said fact, the present Letters Patent Appeal is disposed of in the same terms as contained in L.P.A. No.1709 of 2014 and other analogous cases.

(Hemant Gupta, J.) (Ahsanuddin Amanullah, J.) Sunil/- AFR/NAFR CAV DATE N. A.

Uploading Date 18.05.2016 Transmission Date