The Bihar State Food And Civil Supplies Corporation Ltd. And ANR v. Om Prakash Rajgariya And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2272 of 2016 In Civil Writ Jurisdiction Case No.12882 of 2014 ====================================================== 1.

The Bihar State Food and Civil Supplies Corporation Ltd. 2.

The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., District Office- Banka ... ... Appellant/s

Versus

1.

Om Prakash Rajgariya, son of Late Radhe Shyam Rajgariya, Proprietor/Mill Owner of M/s. Goyal Rice Mill, Shatri Chowk, Korharia Road, P.S. Town and District- Banka.

2.

The State of Bihar, through the Collector, Banka. 3.

The District Certificate Officer, Banka.

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

For the Appellant/s :

Mr. Shailendra Kumar Singh, Advocate.

For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 27-11-2020 Shri Shailendra Kumar Singh, learned counsel for the appellants, states that several writ petitions were disposed of by the learned Single Judge passing the very same and/or similar order, subject matter of the present Letters Patent Appeal. He points out that the instant impugned order is dated 1stof August, 2014 passed in CWJC 12882 of 2014, titled as Om Prakash Rajgariya Vs. The State of Bihar & Ors., which stands disposed of in terms of CWJC No. 13746 of 2013, titled as Sone Valley

Patna High Court L.P.A No.2272 of 2016 dt.27-11-2020 2/3 Rice Mill Vs. The State of Bihar & Ors. covering identical issue and similar facts.

Further, he invites our attention to the order dated 20.05.2016 passed in LPA No. 1576 of 2014, titled as The Bihar State Food and Civil Supplies Corporation & Anr. vs. Sone Valley Rice Mill & Ors. by a coordinate Bench (DB) of this Court, whereby the order passed in Sone Valley Rice Mill (supra) stands reversed. But however, Special Leave Petition assailing the order, similar in nature is pending before Hon'ble the Apex Court and one such case being S.L.P. No(s). 1690916912/2016, titled as Pawapuri Rice Mills Vs. Bihar State Food and Civil Supplies Corporation Ltd. & Ors.

Learned counsel further states that several Letters Patent Appeal decided by this Court in connection with the same very issue, subject matter of the present appeal, which were decided, are also pending before Hon'ble the Apex Court. It is further prayed that the present appeal can be disposed of with the direction that the parties to the present lis, i.e. the present appellants and the writ petitioner, shall be bound by the decision rendered by Hon'ble the Apex Court in the said appeals. No other point is raised by learned counsel for the appellants.

Patna High Court L.P.A No.2272 of 2016 dt.27-11-2020 3/3 We find no impediment in accepting the submissions made by the learned counsel and as such dispose of the present appeal clarifying that the parties to the present lis shall be bound by the decision rendered by Hon'ble the Apex Court in the appeals arising out of the same very subject matter, and more specifically Pawapuri Rice Mills (supra) and other connected matters.

Also liberty is reserved to the parties to seek clarification any from this Court or reviving the present appeal, if the need so arises subsequently.

The appeal stands disposed of in the above terms. Interlocutory Application, if any, shall stands disposed of.

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