Chakarwa Primary Agriculture Credit Society v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.45 of 2016 Arising out of Civil Writ Jurisdiction Case No. 11746 of 2015 Along with Interlocutory Application No.77 of 2016 Chakarwa Primary Agriculture Credit Society through its Chairman namely Nazammudin, S/o Abdul Hakim, R/o Village - Hariharpur, P.O. Rudalpur, P.S. - Bhore, District - Gopalganj.
.... .... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Food & Consumer Protection Department, Govt. of Bihar, Patna. Chairman, Vikash Tiwary, son of Sri Rameshwar Tiwary, Resident of With Letters Patent Appeal No.46 of 2016 Arising out of Civil Writ Jurisdiction Case No. 11746 of 2015 Along with Interlocutory Application No.78 of 2016 Savreji Primary Agriculture Credit Society through its Chairman namely Jitendra Choudhary, S/o Late Dinanath Yadav, R/o Village - Savreji, P.O.- Mirganj, Block- Hathua, District - Gopalganj. .... .... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Food & Consumer Protection Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Cooperative Department, Govt. of Bihar, Patna.
2/5 Chairman, Vikash Tiwary, Son of Sri Rameshwar Tiwary, resident of With Letters Patent Appeal No.47 of 2016 Arising out of Civil Writ Jurisdiction Case No. 11746 of 2015 Along with Interlocutory Application No.82 of 2016 Khalgaon Primary Agriculture Credit Society through its Chairman namely Amarjeet Kushwaha, son of Bishun Kushwaha, R/o Village - Khalgaon, P.O. - Dharhara Mela, P.S. - Kateya, District - Gopalganj. .... .... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Food & Consumer Protection Department, Govt. of Bihar, Patna. Chairman, Vikash Tiwary, Son of Sri Rameshwar Tiwary, resident of With Letters Patent Appeal No.48 of 2016 Arising out of Civil Writ Jurisdiction Case No. 11746 of 2015 Along with Interlocutory Application No.79 of 2016 Bandhauli Banaura Primary Agriculture Credit Society through its Chairman, namely, Om Prakash Yadav, son of late Binda Rai, R/o Village - Banaura, P.O. - Usari Bazar, P.S. - Baikunthpur, District - Gopalganj. .... .... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Food & Consumer Protection Department, Govt. of Bihar, Patna.
3/5 Chairman, Vikash Tiwary, Son of Sri Rameshwar Tiwary, resident of Appearance :
(In LPA No.45 of 2016) For the Appellant/s : Mr. Chakrapani, Advocate Mr. Dipak Kumar, Advocate Mr. Sanjay Kumar Singh, Advocate For the Respondent/s : Mr. Kinkar Kumar, SC 27 (In LPA No.46 of 2016) For the Appellant/s : Mr. Chakrapani, Advocate Mr. Dipak Kumar, Advocate Mr. Sanjay Kumar Singh, Advocate For the Respondent/s : Mr. Kinkar Kumar, SC 27 (In LPA No.47 of 2016) For the Appellant/s : Mr. Chakrapani, Advocate Mr. Dipak Kumar, Advocate Mr. Sanjay Kumar Singh, Advocate For the Respondent/s : Mr. Kinkar Kumar, SC 27 (In LPA No.48 of 2016) For the Appellant/s : Mr. Chakrapani, Advocate Mr. Dipak Kumar, Advocate Mr. Sanjay Kumar Singh, Advocate For the Respondent/s : Mr. Kinkar Kumar, SC 27 CORAM: HONOURABLE THE ACTING CHIEF JUSTICE & HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 3/ 24-11-2016 Re.: I. A. No.77 of 2016 in LPA No.45 of 2016: I. A. No.78 of 2016 in LPA No.46 of 2016:
I. A. No.82 of 2016 in LPA No.47 of 2016:
I. A. No.79 of 2016 in LPA No.48 of 2016 These Interlocutory Applications have been filed by
4/5 the appellants to permit them to file the Appeal under Clause 10 of the Letters Patent of the Patna High Court Rules against the order, dated 14.10.2015, passed by the learned single Bench in CWJC No.11746 of 2015 and analogous cases.
The learned single Judge has allowed the writ petitions, but on condition that benefit of such order shall be applicable to only those Primary Agriculture Credit Societies, who have invoked the writ jurisdiction of this Court before the cut off date. The Appellants have not invoked the writ jurisdiction of this Court before the cut off date. Therefore, they seek to challenge such clause by filing the present Letters Patent Appeals.
In view of said fact, we allow the Interlocutory Applications and permit the appellants to file the Letters Patent Appeals.
Interlocutory Applications stand allowed accordingly.
Re.: Letters Patent Appeal No.45 of 2016:
Letters Patent Appeal No.46 of 2016:
Letters Patent Appeal No.47 of 2016:
Letters Patent Appeal No.48 of 2016:
These Letters Patent Appeals are directed against an order passed by the learned single Judge of this Court on
5/5 14.10.2015, whereby the writ application was allowed with specific direction that benefits will be extended to only those applicants, who had filed writ application before the cut off date. Similar issues, as is raised in the present Letters Patent Appeals, were raised in Letters Patent Appeal No.10 of 2016 (Gausia Primary Agriculture Credit Society Vs. The State of Bihar and Ors.), which has been decided on 22nd of November, 2016.
For the reasons recorded in Gausia Primary Agriculture Credit Society's case (supra), the present Letters Patent Appeals are dismissed.
(Hemant Gupta, ACJ) (Vikash Jain, J) JA/- U