Ajay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.711 of 2015 Along with Interlocutory Application No. 2993 of 2015 Arising out of Civil Writ Jurisdiction Case No. 9755 of 2014 =========================================================== Ajay Kumar, son of Sri Chandra Pal, resident of village- Rukhai, P.S.- Chandi, District- Nalanda.

.... .... Appellant/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Food & Consumer Protection Department, Govt. of Bihar, Patna.

3. Managing Director, Bihar State Food and Civil Supply Corporation, Sone Bhawan, Birchand Patel Path, Patna.

4. The Deputy Chief (Claim), the Bihar State Food & Civil Supply Corporation, Sone Bhawan, Birchand Patel Path, Patna.

5. The District Magistrate, Nalanda.

6. The District Manager, Bihar State Food and Civil Supply Corporation, Nalanda. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Shashi Bhushan Kumar, Advocate For the State : Mr. Binay Kumar Pandey, AC to GA-2 For the 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: 14-09-2016 Re.: Interlocutory Application No. 2993 of 2015 The application is for condonation of delay of 78 days in

Patna High Court LPA No.711 of 2015 dt.14-09-2016 2/3 filing of the appeal.

For the reasons mentioned in the application, we find that sufficient cause is made out for condonation of delay. Consequently, the delay of 78 days in filing of the appeal is condoned. Interlocutory Application stands disposed off. Re.: Letters Patent Appeal No. 711 of 2015 The present Letters Patent Appeal is directed against an order passed by the learned Single Bench of this Court on 23.07.2014 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) The appeal is decided in terms of the said judgment and

Patna High Court LPA No.711 of 2015 dt.14-09-2016 3/3 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, J) (Ahsanuddin Amanullah, J) P. Kumar/Anjani AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A