The Food Corporation Of India And ORS v. Mohamadpur Primary Agriculture Credit Cooperative Society And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1051 of 2017 In Civil Writ Jurisdiction Case No. 20079 of 2014 ======================================================

1. The Food Corporation of India, Exhibition Road, Patna through its Managing Director/General Manager, Regional Office, Exhibition Road, Patna.

2. The Area Manager, Food Corporation of India, District Office Gaya.

3. The Depot In charge, Sasarm Godown, Food Corporation of India, Sasaram Godown, Bihar Region, District- Rohtas.

4. The Quality Control Officer, Sasaram Depot of Food Corporation of India, Sasaram, District Rohtas.

.... .... Appellant/s

Versus

1. Mohamadpur Primary Agriculture Credit Cooperative Society through its Chairman namely Om Prakash Bind Son of Late Kedar Nath Bind, resident of Village - Mohmadpur, P.S. - Shivsagar, District - Rohtas.

2. Thorshan Primary Agriculture Credit Co-operative Society through its Ex-Chairman namely Ravindra Singh, son of Sri Ramdhari Singh, resident of Village- Akhtiyarpur, P.S.- Krahgar, District- Rohtas.

3. Karoop Primary Agriculture Credit Co-operative Society Ltd. Having its office at Karoop, P.S.- Shivsagar, District- Rohtas, through its Chairman Indradeo Singh, son of Late Sahebdayal Singh, resident of VillageKaroop, P.S.- Shivsagar, District- Rohtas.

4. Ghosiyan Primary Agriculture Credit Co-operative Society Ltd., having its office at Ghosiyan, P.S.- Nokha, District- Rohtas, through its Chairman Umesh Singh, son of Late Ram Pujan Singh, resident of Village- Dharupur, P.S.- Nokha, District- Rohtas.

5. The Managing Director, BISCOMAUN, Patna, Sri Suryadeo Mehta.

6. The State of Bihar through the Secretary, Department of Food & Public Distribution, Bihar, Patna.

7. The District Magistrate, Rohtas, Sasaram.

8. The District Supply Officer, Rohtas, Sasaram.

9. The Area Manager, Biscomaun, Sasaram Rohtas cum Enforcement Officer.

10. Union of India, through the Secretary, Ministery of Consumer Affairs,

Patna High Court LPA No.1051 of 2017 (4) dt.01-05-2018 2/2 Food & Public Distribution, Govt. of India, New Delhi. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. P.K. Verma, Sr. Adv. Mr. Suman Kumar Jha, Adv.

For the Res. No. 1 to 4 : Mr. Binod Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 01-05-2018 Heard counsel for the parties.

L.P.A. has been preferred against the order passed in contempt jurisdiction. Since it is neither an order of punishment nor any kind of imposition of fine etc. therefore, mere direction for implementation of the order passed by the writ Court cannot be a subject matter of challenge in appeal. Appeal is not maintainable keeping in mind the decision of the Hon'ble Apex Court rendered in the case of D.N. Taneja Vs. Bhajan Lal reported in (1988) 3 SCC 26.

Appeal is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Devendra/Arjun U