The District Manager State Food Corporation v. Radhey Shyam Keshri And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No. 540 of 2016 Arising out of Civil Writ Jurisdiction Case No. 12754 of 2013 Along with Interlocutory Application No. 2376 of 2016 =========================================================== The District Manager State Food Corporation, Bhojpur at Ara .... .... Respondent / Appellant

Versus

1. Radhey Shyam Keshri Son of Sri Harihar Sah.

2. Bishundeo Rai Son of late Bhutti Rai.

3. Ratan Kumar Son of Sri Gorakh Sah.

All Resident of Hasan Bazar, P.O. Hasan Bazar, P.S. Hasan Bazar, PS Piro (Hasan Bazar), District Bhojpur.

4. Shobhnath Prasad Son of Sri Kashi Sah, Resident of Village Katar P.O. Hasan Bazar, P.S. Piro (Hasan Bazar) Bhojpur.

......................... Writ Petitioners / Respondents

5. The State of Bihar.

6. The Certificate Officer Bhojpur at Ara.

7. The Cirlce Officer at Piro, Bhojpur.

8. The S.D.O. Piro District- Bhojpur.

.... .... Respondents / Respondents =========================================================== Appearance :

For the Appellant/s :

Mr. Anjani Kumar, Senior Advocate Mr. Shailendra Kumar Singh, Advocate For the Respondent/s :

Mr.

=========================================================== 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. 2376 of 2016 The application is for condonation of delay of 117 days in filing of the present appeal.

For the reasons mentioned in the application, we find that

Patna High Court LPA No.540 of 2016 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. 540 of 2016 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