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Patna High CourtL.P.A/674/2015allowed

The Bihar State Food And Civil Supplied Corporation And ORS v. Shatrughan Singh And ORS

2016-05-20Mr. Justice Ahsanuddin Amanullah,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.674 of 2015 Arising out of Civil Writ Jurisdiction Case No. 12960 of 2013 Along with Interlocutory Application No.2863 of 2015 ===========================================================

1. The Bihar State Food & Civil Supplies Corporation Ltd. through its Chairman, Patna.

2. The District Manager, State Food & Corporation, Bhojpur (Ara). .... .... Respondents- Appellants

Versus

1. Shatrughan Singh, Secretary Uttardaha Primary Agricultural Co-operative Society Adhunik Rice Mill, Aaila, (Bhojpur) son of Late Gopal Ji Singh, resident of Araila, P.O. Mahudihri, P.S. Tiyar District Bhojpur. ... ... Writ Petitioner-Respondent.

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

3. The District Magistrate, Bhojpur (Ara).

4. The District Certificate Officer, District Bhojpur (Ara).

5. The Sub-divisional Officer, Jagdishpur, Bhojpur.

6. The Food Corporation of India through its chairman Cum Managing Director, New Delhi.

.... .... 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 C.A.V. JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 20-05-2016 Re. : Interlocutory Application No.2863 of 2015 The application is for condonation of delay of 116 days in filing of the present appeal.

For the reasons mentioned in the application, we find that

Patna High Court LPA No.674 of 2015 dt.20-05-2016 2/2 sufficient cause is shown by the appellants 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.674 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