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Patna High CourtL.P.A/618/2012dismiss for nonprosecution

The Union Of India And ORS v. M/S Vishnu Sugar Mills Limited

2021-12-02Mr. Justice Rajan Gupta,Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.618 of 2012 Arising out of Civil Writ Jurisdiction Case No.13466 of 2011 ====================================================== 1.

The Union of India through the Secretary, Ministry of Consumer Affairs and Public Distribution (Department of Food and Public Distribution), Govt. of India, Krishi Bhawan, New Delhi- 110 001. 2.

The Joint Secretary (Sugar), Ministry of Consumer Affairs and Public Distribution (Department of Food and Public Distribution), Govt. of India, Krishi Bhawan, New Delhi- 110 001.

3.

The Chief Director (Sugar), Govt. of India, Ministry of Consumer Affairs Food and Public Distribution (Department of Food and Public Distribution), Directorate of Sugar, Krishi Bhawan, New Delhi-110 4.

The Deputy Director (Sugar Control), Govt. of India, Ministry of Consumer Affairs, Food and Public Distribution, Directorate of Sugar, Krishi Bhawan, New Delhi- 110 001 ... ... Appellant/s

Versus

1.

M/s Vishnu Sugar Mills Limited, PO- Harakhua, PS Vishnu Sugar Mills, District- Gopalganj, through its General Manager, Sri P. R. S. Panicker, son of late Raghav Panicker.

2.

The State of Bihar through the Secretary, Department of Food, Suply and Commerce, Government of Bihar, Patna.

... ... Respondent/s ====================================================== with Letters Patent Appeal No. 1545 of 2013 Arising out of Civil Writ Jurisdiction Case No.13466 of 2011 ====================================================== The State of Bihar, through the Secretary, Department of Food, Supply and Commerce, Government of Bihar, Patna ... ... Appellant/s

Versus

1.

M/s Vishnu Sugar Mills Ltd., PO- Harakhua, PS Vishnu Sugar Mills, District- Gopalganj, through its General Manager, Sri P. R. S. Panicker, son of late Raghav Panicker.

2.

The Union of India through the Secretary, Ministry of Consumer Affairs and Public Distribution (Department of Food and Public Distribution) Govt. of India, Krishi Bhawan, New Delhi- 110 001 3.

The Joint Secretary (Sugar), Ministry of Consumer Affairs and Public Distribution (Department of Food and Public Distribution), Govt. of India, Krishi Bhawan, New Delhi- 110 001 4.

The Chief Director (Sugar), Govt. of India, Ministry of Consumer Affairs,

Patna High Court L.P.A No.618 of 2012(13) dt.02-12-2021 2/3 Food and Public Distribution (Department of Food and Public Distribution), Directorate of Sugar, Krishi Bhawan, New Delhi- 110 001 5.

The Deputy Director (Sugar Control), Govt. of India, Ministry of Consumer Affairs, Food and Public Distribution, Directorate of Sugar, Krishi Bhawan, New Delhi- 110 001 ... ... Respondent/s ====================================================== Appearance :

(In Letters Patent Appeal No. 618 of 2012) For the Appellant/s :

None For the Respondent No.1:

Mr. Y. V. Giri, Senior Advocate Mr. Ashish Giri, Advocate Mr. Suit Kumar Jha, Advocate For the Respondent No.2:

Mr. Nishant Kumar Jha, AC to SC 28 (In Letters Patent Appeal No. 1545 of 2013) For the Appellant/s :

None For the Respondent No.1:

Mr. Y. V. Giri, Senior Advocate Mr. Ashish Giri, Advocate Mr. Suit Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 02-12-2021 Neither the counsel representing the Union of India in LPA No. 618 of 2012 nor the counsel representing State of Bihar in LPA No. 1545 of 2013 has put in appearance. However, counsel appearing for the respondent-M/s Vishnu Sugar Mills Ltd. has apprised the Court that the appeals may have been rendered infructuous as a consequence of subsequent notification no Levy Sugar Rules exists. He further submits that no old liability exists as on date and the same stood extinguished in terms of the notification, which was impugned in the writ petition.

These contentions remain uncontroverted.

Patna High Court L.P.A No.618 of 2012(13) dt.02-12-2021 3/3 Though we have noticed the contentions of learned counsel for the respondent-M/s Vishnu Sugar Mills Ltd, but since the appellants in both the appeals remain unrepresented, these appeals are dismissed for want of prosecution. However, if any lis subsists, the parties shall be at liberty to seek revival of the LPAs.

(Rajan Gupta, J) (Mohit Kumar Shah, J) J. Alam/- U