Patna High CourtL.P.A/10/2017disposed

Amit Jaiswal v. The State Of Bihar And ORS

2017-01-12Mr. Justice Dinesh Kumar Singh,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.10 of 2017 Arising out of Civil Writ Jurisdiction Case No. 9287 of 2014 =========================================================== Amit Jaiswal aged about 27 years, son of Sri Sunil Jaiswal, resident of Line Bazar, P.S.-Sadar, District-Purnea.

.... .... Petitioner-Appellant/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Food & Consumer Protection Department, Govt. of Bihar, Patna.

3. The Managing Director, Bihar State Food and Civil Supply Corporation, Sone Bhawan, Birchand Patel Path, Patna.

4. The Deputy Chief (Claim), the Bihar State Food & Civil Supply Corporation , Sone Bhawan, Birchand Patel Path, Patna.

5. The District Magistrate, Supaul.

6. The District Manager, Bihar State Food and Civil Supply Corporation, Supaul.

7. The District Manager, Bihar State Food and Civil Supply Corporation, Purnea. .... .... Respondent/s =========================================================== Appearance :

For the Appellant : Mr. Shashi Bhushan Kumar, Advocate For the Respondents-State : Mr. Vishwambhar Pd., AC to AAG-V For the Corporation : Mr. Shailendra Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 12-01-2017 The appellant undertakes to remove defect nos. 1 and 3 during the course of the day, whereas defect no.2 is ordered to be ignored.

Re.: L.P.A. No.10 of 2017 The present Letters Patent Appeal is directed against an order passed by the learned Single Bench of this Court on 23.07.2014 in C.W.J.C No. 9287 of 2014 deciding the writ application in light of the

Patna High Court LPA No.10 of 2017 dt.12-01-2017 2/2 order passed in C.W.J.C. No. 9133 of 2014 (M/s Shivam Mini Modern Rice Mill vs. The State of Bihar & Ors.) decided on 22.07.2014.

2. L.P.A. No. 1709 of 2014 against the said judgment stands decided vide judgment reported as Arvind Kumar vs. State of Bihar, 2015(4) PLJR 422.

3. It is pointed out by learned counsel for the appellant that the order passed in Letters Patent Appeal has since been partly modified on 23rd of August, 2016 in Civil Review No. 150 of 2015 (Rohit Rice Mill vs. The State of Bihar and Ors).

4. After hearing learned counsel for the parties, we find that the matter in issue is covered by the Arvind Kumar's case (supra).

5. The appeal is decided in terms of the said judgment and as modified by this Court in Civil Review No. 150 of 2015 (Rohit Rice Mill vs. The State of Bihar and Ors.) decided on 23rd of August, 2016.

(Hemant Gupta, ACJ) (Dinesh Kumar Singh, J) Sunil/- AFR/NAFR N. A. F. R.

CAV DATE N. A.

Uploading Date 13.01.2017 Transmission Date