Patna High CourtL.P.A/2021/2016dismissed

The State Of Bihar And ANR v. Ajeet Kumar

2018-01-08The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2021 of 2016 In Civil Writ Jurisdiction Case No.18568 of 2014 ======================================================

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

2. The Principal Secretary, Department of Finance, Main Secretariat, Patna.

3. Principal Secretary, Department of Industry, New Secretraiat, Vikas Bhawan, Patna.

4. Bihar State Textile Corporation through the Managing Director, Khadi Board Bhawan, Gandhi Maidan, Patna.

... ... Appellant/s

Versus

Ajeet Kumar, S/o Sri Sakaldeep Singh, Resident of Mohalla - Chiraiyatanr, P.S. Jakkanpur, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

For the Respondent/s :

Mr. Kishore Kumar Thakur, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 08-01-2018 Re.: Interlocutory Application No.8374 of 2016 Delay of 62 days in filing of the Letters Patent Appeal is condoned.

Interlocutory Application stands allowed and disposed of.

Re.: Letters Patent Appeal No.2021 of 2016 The learned Writ Court has decided the issue in question based on judgments rendered in LPA No.172 of 2010 and LPA No.634 of 2012 on 22.09.2014, wherein identical

Patna High Court LPA No.2021 of 2016 dt.08-01-2018 2/2 issues were decided and the LPAs filed by the State Government were rejected. Even prior to that, there was a judgment in LPA No.1831 of 2011 dismissing the similar LPA of the State Government on 19.06.2012.

Considering the fact that the learned Writ Court has decided the issue in question based on the judgments of the Division Bench and the fact that the litigation policy of the State Government prevents filing of appeals when issues have already been decided, we are not inclined to interfere into the matter. The appeal stands dismissed.

Appellants are directed to confer benefit to the respondent herein now in view of the aforesaid order within a period of 30 days from the date of receipt of the certified copy of the order.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.01.2018 Transmission Date