Vishwanath Prasad @ Bishwanath v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11651 of 2011 ====================================================== VISHWANATH PRASAD @ BISHWANATH Late Ishari Rajbhar, Village Devkali, P.S. Mohania, Dist. Kaimur At Bhabhua ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The Principal Secretary, Food Supply and Commerce Department, Bihar, Patna.

3.

The Director, Food Consumer Protection Department, Bihar, Patna. 4.

The President, District Consumer Disputes Redressal Forum, Rohtas At Sasaram 5.

The District Magistrate, Rohtas at Sasaram.

6.

The Sub Divisional Officer, Bhabhua.

7.

Managing Director, Bihar State Food and Civil Supplies Corporation, Patna. 8.

The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Sinha For the State :

Mr. Vivek Prasad, G.P.-7 For the B.S.F.C.

: Mr. Shailendra Kumar Singh For the A.G.

: Mr. Vivekanand Kumar For the E.P.F.

: Mr. R.S. Pradhan, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-09-2019 The learned counsel for the parties are in agreement that the judgment, for which the present writ petition was awaiting, has now been passed by the learned Full Bench in CWJC No. 13495 of 2008 (Harishankar Prasad & Ors. vs. the State of Bihar & Ors.) and other analogous cases on 01.11.2018 and the said Full Bench has ruled against the persons similarly situated to the petitioners herein.

However, the learned counsel appearing for the

Patna High Court CWJC No.11651 of 2011(7) dt.18-09-2019 2/2 petitioner has pointed out that the aforesaid judgment dated 01.11.2018 has been challenged before the Hon'ble Apex Court vide Diary No. 18116 of 2019 (Mohan Singh & Anr. vs. The State of Bihar & Ors.), and notices have been issued in the said case.

This Court is of the view that since now the outcome of the present writ petition would depend upon the outcome of the aforesaid Special Leave Petition pending before the Hon'ble Apex Court, it would suffice by disposing of the present writ petition by giving liberty to the petitioner to agitate his grievances afresh by filing a fresh writ petition as and when the aforesaid Special Leave Petition is decided by the Hon'ble Apex Court.

Accordingly, the present writ petition stands disposed off with the aforesaid liberty.

(Mohit Kumar Shah, J) S.Sb/- U