Patna High CourtL.P.A/1440/2014disposed

M/S Shakuntala Rice Mill v. The State Of Bihar And ORS

2017-02-15Mr. Justice Sudhir Singh,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1440 of 2014 Arising out of Civil Writ Jurisdiction Case No. 9799 of 2014 =========================================================== M/s Shakuntala Rice Mill, Lakhisarai, through Proprietor Saheb Sharan, Son of Sri Dayal Singh, resident of Biyada, P.S- Lakhisarai, District- Lakhisarai. .... .... Petitioner- Appellant/s

Versus

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

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

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

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

5. The District Magistrate, Lakhisarai.

6. The District Manager, Bihar State Food and Civil Supply Corporation, Lakhisarai.

7. The Area Manager, Food Corporation of India, District Officer, Bhagalpur. .... .... Respondents-Respondent/s =========================================================== Appearance :

For the Appellant/s :

Mr. Shashi Bhushan Kumar, Advocate Ms. Arti Kumari, Advocate For the B.S.F.C.

Mr. Shailendra Kumar Singh, Advocate For the State ` :

Mr. Vishwambhar Pd., AC to AAG-5 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 15-02-2017 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.

Patna High Court LPA No.1440 of 2014 dt.15-02-2017 2/2 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 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, ACJ) (Sudhir Singh, J) Sunil AFR/NAFR N. A. F. R.

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