The Bihar State Food And Civil Supplies Corporation And ANR v. Sachindra Kumar Rai And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1881 of 2015 Arising out of Civil Writ Jurisdiction Case No. 17753 of 2013 Along with Interlocutory Application No.8480 of 2015 ===========================================================

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- Appellants

Versus

1. Sachindra Kumar Rai, son of Late Baiju Rai, Proprietor Rajesh Rice Mill, Village Bhagwanpur Rakhi, P.O. Balika Ram, P.S. Vaishali, 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-Respondents =========================================================== 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.8480 of 2015 The application is for condonation of delay of 115 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

Patna High Court LPA No.1881 of 2015 dt.20-05-2016 2/2 delay. Consequently, the delay in filing of the present Letters Patent Appeal is condoned.

Interlocutory Application stands allowed accordingly. Re.: Letters Patent Appeal No.1881 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 Transmission Date