The Bihar State Food And Civil Supplies Corporation Ltd. And ANR v. Ramesh Bhushan And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No. 2078 of 2015 Arising out of Civil Writ Jurisdiction Case No. 10687 of 2013 Along with Interlocutory Application No. 9159 of 2015 ===========================================================

1. The Bihar State Food and Civil Supplies Corporation Limited through its Chairman.

2. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd. Nalanda.

.... ....Respondents /Appellants

Versus

1. Ramesh Bhushan, S/o Late Ram Saran Prasad, Proprietor of Maa Shanti Agro Industries, Resident of Village- Jai Prakashpur, P.O. & P.S. Noorsarai Dist. Nalanda.

.................. Writ Petitioner / Respondent

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

3. The District Magistrate, Nalanda.

4. The District Supply Officer, Nalanda at Biharsharif.

5. The Sub- Divisional Officer, Biharsharif, District Nalanda. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s :

Mr. Anjani Kumar, Senior Advocate Mr. Shailendra Kumar Singh, Advocate For the Respondent No.1 :

Mr. Shashi Bhushan Kumar, 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. 9159 of 2015 The application is for condonation of delay of 75 days in filing of the present appeal.

For the reasons mentioned in the application, we find that

Patna High Court LPA No.2078 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. 2078 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