Nand Kishore Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.967 of 2017 In Civil Writ Jurisdiction Case No. 9268 of 2014 ====================================================== Nand Kishore Prasad, son of Sri Bijay Kumar Gupta, resident of Chanpatia, P.S.- Chanpatia, District- West Champaran .... .... Appellant/s

Versus

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Shashi Bhushan Kumar, Advocate Mrs. Arti Kumari, Advocate For the State : Mr. S. Raza Ahmad- AAG-5 For B.S.F.C. Mr. Anjani Kumar, Sr. Advocate Mr. Shailendra Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 04-07-2017 Delay of 2 year and 313 days in filing the appeal is condoned. I.A. No.4609 of 2017 is allowed.

Having heard learned counsel for the parties and keeping in view the order already passed under similar facts and circumstances with regard to issue in question in L.P.A. No.572 of 2015 (Rohit Rice Mill vs. The State of Bihar & Ors.) and subsequently modified in Civil Review No.150 of 2015 vide order passed on 23.8.2016, this appeal also stands allowed and

Patna High Court LPA No.967 of 2017 (2) dt.04-07-2017 2/2 disposed of in terms of the order passed in the case of Rohit Rice Mill (supra) both in the L.P.A. and in the Civil Review. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- U