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Patna High CourtL.P.A/1152/2015allowed

The Bihar State Food And Civil Supply Corporation Ltd. And ORS v. Santosh Kumar And ANR

2016-05-20Mr. Justice Ahsanuddin Amanullah,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1152 of 2015 Arising out of Civil Writ Jurisdiction Case No. 17292 of 2013 Along with Interlocutory Application No.4843 of 2015 ===========================================================

1. The Bihar State Food And Civil Supply Corporation Ltd. through its Managing Director, Sone Bhawan, 5th Floor, Bir Chand Patel Path, Patna-800001.

2. The Managing Director, Bihar State Food and Civil Supply Corporation Ltd., Sone Bhawan, 5 th Bir Chand Patel Path, Patna-800001.

3. The District Manager, Bihar State Food and Civil Supply Corporation Ltd, Patna.

.... .... Respondents-Appellants

Versus

1. Santosh Kumar, S/o Sri Ramjanam Rai, R/o- Village- Bairiya, P.O.- Bairiya, P.S.- Gopalpur, District- Patna, Proprietor of M/s Sonali Rice Mill, Near Bairiya, Sampatchak, P.S- Gopalpur, District- Patna. ... Petitioner- Respondent 1st Set.

2. The State of Bihar through the Certificate Officer, Patna Sadar, Patna. .... .... Respondent - Respondent 2nd Set =========================================================== Appearance :

For the Appellant/s : Mr. Anjani Kumar, Senior Advocate Mr. Shailendra Kumar Singh, Advocate Mr. Awadhesh Kumar, Advocate For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA And HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 20-05-2016 Interlocutory Application No.4843 of 2015 The application is for condonation of delay of 204 days in filing of the present appeal.

For the reasons mentioned in the application, we find that sufficient cause is shown by the appellants to condone such delay.

Patna High Court LPA No.1152 of 2015 dt.20-05-2016 2/2 Consequently, the delay in filing of the present Letters Patent Appeal is condoned.

Interlocutory Application stands allowed accordingly. Re.: Letters Patent Appeal No.1152 of 2015 The arguments were addressed by learned counsel for the parties in Letters Patent Appeal No.1576 of 2014 (The Bihar State Food and Civil Supplies Corporation Limited and Anr. Versus Sone Valley Rice Mill and Ors.) and other analogous cases. Letters Patent Appeal No.1576 of 2014 stands allowed for the reasons recorded therein. In view of the said fact, the present Letters Patent Appeal is allowed for the same reasons as recorded therein and the writ application stands dismissed. There shall be no order as to costs. (Hemant Gupta, J.) (Ahsanuddin Amanullah, J.) Sunil/- AFR/NAFR CAV DATE 09.05.2016 Uploading Date 21.05.2016 Transmission Date