The State Of Bihar And ORS v. Chandra Deo Poddar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.651 of 2011 Arising out of Civil Writ Jurisdiction Case No.932 of 2009 ====================================================== 1.
The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.
2.
Financial Commissioner at present known as Principal Secretary, Deptt. of Finance, Old Secretariat, Bihar, Patna. 3.
The Agriculture Production Commissioner, At present known as Principal Secretary, Deptt. of Agriculture, New Secretariat Bihar, Patna.
4.
The Secretary At Present Known As Principal Secretary, Personnel & Administrative Reforms Deptt., Bihar, Patna. 5.
The Joint Secretary, Deptt. of Agriculture, New Secretariat Bihar, Patna.
... ... Appellant/s
Versus
1.
Chandra Deo Poddar S/O Late Makudan Lal Poddar R/O Vill.-Bhat Dala, Club Field, P.S.-Thakurganj, Distt.-Bhojpur.
2.
The Administrator, Bihar State Agriculture Marketing Board Bihar, (abolished), Pant Bhawan, Bailey Road, Patna. 3.
The Secretary, Bihar State Agriculture Marketing Board (abolished), Pant Bhawan, Bailey Road, Patna.
4.
The Sub-Divisional-Cum-Special Officer, Agriculture Produce Market Committee (abolished), Thakurganj, Distt.-Kishanganj. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sunil Kumar Mandal, S.C. 3 Mr. Bipin Kumar, A.C. to S.C. 3 For the Respondent/s :
Mr. Jai Prakash Verma, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 07-09-2017 Challenging the order passed by the learned Writ Court on 28.09.2010 in C.W.J.C. No. 932 of 2009 this appeal has been filed by the State of Bihar.
On 28.09.2010 the writ petition bearing C.W.J.C. No. 932 of 2009 was disposed of in the following terms:-
Patna High Court LPA No.651 of 2011 dt.07-09-2017 2/3 "2. The validity of the general direction of the Administrator has been considered by this Court under orders dated 27.8.2010, passed in C.W.J.C. No. 12641 of 2010 and other analogous matters and this Court has held the general direction to be in teeth of Section 6 of the Bihar Agriculture Produce Market (Repeal) Act, 2006.
3. Having heard counsel for the parties, the present batch of writ petitions are also disposed of exactly in the same terms which is contained in order dated 27.8.2010, passed in C.W.J.C. No. 12641 of 2010 and other analogous matters and the orders dated 12.2.2007, 12.2.2007, 16.10.2006, 26.3.2007, 26.2.2007, 28.2.2007, 28.2.2007, 28.2.2007 respectively terminating the services of the petitioners are quashed.
4. The writ petitions are, accordingly, allowed."
This direction for reconsideration has been challenged in this appeal and we are informed that after reconsideration the Committee has already taken a decision and, therefore, the order passed in the writ petition has already been complied with. Once the matter has been reconsidered by the Committee and an appropriate order passed, as is indicated hereinabove, nothing further remains to be adjudicated in this appeal as the order passed in the writ petition has been complied with and a decision taken against the respondent and if the respondent is aggrieved by the same, he is at liberty to challenge the subsequent action afresh in accordance with law.
Patna High Court LPA No.651 of 2011 dt.07-09-2017 3/3 With the aforesaid, the Letters Patent Appeal stands disposed of.
(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 09.09.2017 Transmission Date