Patna High CourtCWJC/8695/2015disposed

Bhola Prasad v. The State Of Bihar And ORS

2015-06-30Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8695 of 2015 ====================================================== Bhola Prasad, son of Sri Sadhu Paswan, resident of Village Agarpur, P.O. Sanda, Dist. Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Chief Secretary, Government of Bihar, Patna.

3. The Principal Secretary, Department of Excise, Government of Bihar, Patna.

4. The Chairman, Public Enterprises Bureau, Government of Bihar, Patna.

5. The Principal Secretary, Department of Industries, Government of Bihar, Patna.

6. The Principal Secretary, Department of General Administration, Government of Bihar, Patna.

7. The Principal Secretary, Department of Cane, Government of Bihar, Patna.

---- Respondents 1st Set

8. The Bihar State Beverages Corporation Ltd. through its Managing Director, Vidut Bhawan, Bailey Road, Patna.

9. The Managing Director, Bihar State Beverages Corporation Ltd., Vidut Bhawan, Bailey Road, Patna.

10. The General Manager (H.R. & Adm), Bihar State Beverages Corporation Ltd. Vidut Bhawan, Bailey Road, Patna. ------ Respondent 2nd Set

11. The Bihar State Sugar Corporation Ltd. through its Managing Director, Arunalay Ramjaipal Nagar, Bailey Road, Patna.

12. The Managing Director, Bihar State Sugar Corporation Ltd., Arunalay Ramjaipal Nagar, Bailey Road, Patna.

.... .... Respondent 3rd Set ====================================================== Appearance :

For the Petitioner/s : Mr. Abdul Wadood For the Respondent/s : Mr. Lalit Kishore- PAAG For the Corporation : Mr. Vikash Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 30-06-2015 Heard learned counsel for the parties.

Having regard to the admitted position that the relief sought in this writ application is squarely covered by an earlier case decided by this Court on 9.4.2015 in CWJC No. 21033 of 2014 (Amrendra Kumar Singh & Ors. Vs. The State of Bihar &

Patna High Court CWJC No.8695 of 2015 (2) dt.30-06-2015 Ors.), this Court will have no difficulty in holding that the petitioner shall also be governed by the aforesaid order in the case of Amrendra Kumar Singh (supra).

At this stage, Mr. Vikash Kumar, learned counsel for the Corporation, submits that he has been instructed by his senior counsel to say that the Corporation intends to file a review application and, therefore, no order should be passed in this case. This Court, however, is not inclined to accept such submission for a simple reason that as of now there is no review application pending before this Court and if and when such review application is filed, its result, if favourable for the Corporation, shall also govern the present writ application. With the aforementioned observation, this application is disposed of.

(Mihir Kumar Jha, J) Rishi/- U