The Managing Director, Bihar State Food And Civil Supplies Corporation Ltd And ANR v. Manoj Kumar Sah And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.620 of 2015 Arising out of Civil Writ Jurisdiction Case No. 18958 of 2013 Along with Interlocutory Application No.2694 of 2015 ===========================================================

1. The Managing Director, Bihar State Food & Civil Supplies Corporation Ltd, Patna.

2. The District Manager, Bihar State Food and Civil Supplied Corporation ltd. Madhepura.

.... .... Respondents- Appellants

Versus

1. Manoj Kumar Sah , Proprietor of M/S Arunway Rice Mill, Aliganj , Bhagalpro, son of Kant Lal Sah resident of Ambabagh, Aliganj, P.S. Mojahidpur District Bhagalpur.

..... ... Writ petitioner-Respondent.

2. The State of Bihar through Secretary, Food Civil Supply & Commerce, Deptt. Bihar, Patna.

3. The Collector, Madhepura.

4. The District Supply Officer, Madhepura.

5. The District Certificate Officer, Madhepura. .... .... Respondents- Respondents =========================================================== Appearance :

For the Appellant/s : Mr. Anjani Kumar, Senior Advocate Mr. Shailendra Kumar Singh, Advocate For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA And HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 20-05-2016 Interlocutory Application No.2694 of 2015 The application is for condonation of delay of 89 days in filing of the present appeal.

For the reasons mentioned in the application, we find that sufficient cause is shown by the appellants to condone such delay.

Patna High Court LPA No.620 of 2015 dt.20-05-2016 2/2 Consequently, the delay in filing of the present Letters Patent Appeal is condoned.

Interlocutory Application stands allowed accordingly. Re.: Letters Patent Appeal No.620 of 2015 The arguments were addressed by learned counsel for the parties in Letters Patent Appeal No.1576 of 2014 (The Bihar State Food and Civil Supplies Corporation Limited and Anr. Versus Sone Valley Rice Mill and Ors.) and other analogous cases. Letters Patent Appeal No.1576 of 2014 stands allowed for the reasons recorded therein. In view of the said fact, the present Letters Patent Appeal is allowed for the same reasons as recorded therein and the writ application stands dismissed. There shall be no order as to costs. (Hemant Gupta, J.) (Ahsanuddin Amanullah, J.) Sunil/- AFR/NAFR CAV DATE 09.05.2016 Uploading Date 21.05.2016 Transmission Date