Allowed

Bihar State Agricultural Marke v. Panchu Ram

Patna HC2 Jul 2013C. REV./189/2012

Case brief

AI extract

What is this about?

The Patna High Court, in Civil Review No.189 of 2012, allowed a review petition and recalled an earlier order dismissing a Letters Patent Appeal as infructuous without hearing merits, directing that the appeal be heard on merits as the issue was admitted to be alive.

What did the court decide?

The order dated 30.06.2008 reviewed and recalled; Letters Patent Appeal directed to be considered on merits.

Bihar State Agricultural Marke Vs Panchu Ram — Civil Procedure and Limitation | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Review No.189 of 2012

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Letters Patent Appeal No. 365 of 2001

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Civil Writ Jurisdiction Case No.989 of 2000

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Bihar State Agricultural Marketing Board (Dissolved) through its Administrator.

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The Administrator, Bihar State Agricultural Marketing Board (Dissolved), Pant Bhawan Bailey Road, Patna.

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.... .... Appellants- Petitioners

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Versus

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Panchu Ram, son of Late Ram Briksha Ram, resident of Village Baraka Balua, P.S. Patahi, District East Champaran at present residing at Hira Sadan, East Patel Nagar, Road No.1, P.S. Shastri Nagar, District-Patna.

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.... .... Respondent-Respondent.

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====================================================== Appearance :

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For the Petitioners : Mr. Sourendra Pandey, Advocate For the Respondent : Mr. Bishnu Kant Dubey, Advocate.

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====================================================== CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN)

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9 02-07-2013 Heard learned counsel for the appellants-petitioners and learned counsel for the sole respondent.

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This petition has been filed by the petitioners for review of order dated 30.06.2008 passed in L.P.A. No.365 of 2001 by which a Division Bench of this Court dismissed the said Letters Patent Appeal without going into the merits of the case and only on the submission of learned counsel appearing for the appellants that it has become infructuous.

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Patna High Court C. REV. No.189 of 2012 (9) dt.02-07-2013

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Now it is a common ground admitted by the parties that the issue is alive and the matter has not become infructuous, hence the matter has to be considered on merits.

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Accordingly, this civil review petition is allowed and order dated 30.06.2008 is hereby reviewed and recalled so that the Letters Patent Appeal could be considered on merits.

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Since the matter is very old, it requires an early

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hearing. Hence, let the matter be placed before Hon’ble the Chief Justice for appropriate orders.

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(S.N. Hussain, J)

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(Ahsanuddin Amanullah, J)

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Sunil/-

Bihar State Agricultural Marke v. Panchu Ram

Case brief

What is this about?

What did the court decide?

Bihar State Agricultural Marke v. Panchu Ram

Case brief

What is this about?

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