The Bihar State Food And Civil Supplied Corporation And ANR v. Ganesh Prasad Jaiswal And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.537 of 2016 Arising out of Civil Writ Jurisdiction Case No. 17922 of 2013 Along with Interlocutory Application No.2373 of 2016 ===========================================================

1. The Bihar State Food & Civil Supplies Corporation limited through its Managing Director, Bihar, Patna.

2. The District Manager, Bihar State Food & Civil Supplies Corporation Limited, Vaishali.

.... .... Respondents-Appellant/s

Versus

1. Ganesh Prasad Jaiswal, son of late Rajendra Prasad Jaiswal, Proprietor Dev Rice Mill, Resident of Village & P.O.- Mahua P.S. Mahua, District Vaishali. .. ... Writ petitioner- Respondent.

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

3. The District Collector, District- Vaishali.

4. The Sub-Divisional Officer, Vaishali District Vaishali.

5. The District Certificate Officer, Vaishali. .... .... Respondents- Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Anjani Kumar, Senior Advocate Mr. Shailendra Kumar Singh, Advocate For the Respondent No.1: Mr. Krishna Mohan Mishra, Advocate =========================================================== 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.2373 of 2016 The application is for condonation of delay of 113 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.537 of 2016 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.537 of 2016 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