Badhawan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4209 of 2013 In Civil Writ Jurisdiction Case No.18452 of 2008 ====================================================== Badhawan Singh Son Of Late Nathu Singh Resident Of Village - Palpal, P.O. + P.S. - Daltanganj, District - Palamu ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Sri Shishir Sinha, The Principal Secretary, Food And Civil Supplies Cum Consumer Forum, Government Of Bihar

3. Sri Abhay Kumar Singh, The District Magistrate, Aurangabad

4. Sri Bimal Kumar, The Chairman District Consumer Protection Forum, Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailesh Kumar Singh For the Respondent/s :

Mr. Gyan Prakash Jha, AG-7 Mr. Gopal Krishna, AC to GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-11-2018 Learned counsel for the State submits that in view of judgment dated 01.11.2018 passed by the Hon'ble Full Bench of this Court in C.W.J.C. No. 13459 of 2008, the view taken by the learned Single Judge in the case of Md. Liyakat Ali Vs. The State of Bihar & Ors. in C.W.J.C. No. 13026 of 2005 is no longer a correct law.

Learned counsel for the petitioner is not in a position to controvert the same. It is submitted that since the State has gone in Special Leave before the Hon'ble Supreme Court, the contempt application be kept pending.

Having considered the present circumstance arising

Patna High Court MJC No.4209 of 2013(5) dt.19-11-2018 2/2 out of the judgment of the Hon'ble Full Bench of this Court, in my opinion no fruitful purpose will be served by keeping the contempt application pending. It is, therefore, dismissed with liberty to the petitioner that in case he succeeds before the Hon'ble Supreme Court he will have a liberty to come afresh before this Court.

(Rajeev Ranjan Prasad, J) avin/- U