Allowed

The Bihar State Food and Civil Supplies Corporation Ltd. and Anr. v. Niranjan Prasad and Ors.

Patna HC20 May 2016L.P.A/1402/2015

Case brief

AI extract

What is this about?

The Patna High Court allowed the interlocutory application condoning a 28-day delay in filing the Letters Patent Appeal. The Court subsequently allowed the Letters Patent Appeal by relying on reasons recorded in Letters Patent Appeal No.1576 of 2014, dismissing the underlying writ application.

What did the court decide?

Letters Patent Appeal No.1402 of 2015 and Interlocutory Application No.6143 of 2015 allowed; underlying writ application dismissed.

The Bihar State Food and Civil Supplies Corporation… — Writ and Judicial Review | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Letters Patent Appeal No.1402 of 2015

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Arising out of Civil Writ Jurisdiction Case No. 10781 of 2013 Along with

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Interlocutory Application No.6143 of 2015

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===========================================================

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The Bihar State Food & Civil Supplies Corporation Ltd. through its Chairman Patna.

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The District Manager, State Food Corporation, Nalanda.

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.... .... Respondents-Appellant/s

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Versus

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Niranjan Prasad, Son of Sri Dular Chandra Prasad, Proprietor of Maa Girija Devi Rice Mill. Resident of village Ekangar Sarai, P.O. & P.S.- Ekangar Sarai, District Nalanda.

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… … Writ petitioner-Respondent.

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The State of Bihar through Principal Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna.

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The District Magistrate, Nalanda.

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The District Supply Officer Nalanda at Biharsharif.

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The Sub-Divisional Officer, Biharsharif, Nalanda.

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.... .... Respondents-Respondent/s

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===========================================================

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Appearance :

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For the Appellant/s : Mr. Anjani Kumar, Senior Advocate

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Mr. Shailendra Kumar Singh, Advocate

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For the Respondent/s : Mr.

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=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA And

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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C.A.V. JUDGMENT

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(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA)

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Date: 20-05-2016

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Re. : Interlocutory Application No.6143 of 2015

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The application is for condonation of delay of 28 days in filing of the present appeal.

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

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Patna High Court LPA No.1402 of 2015 dt.20-05-2016

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2/2

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Consequently, the delay in filing of the present Letters Patent Appeal is condoned.

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Interlocutory Application stands allowed accordingly.

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Re.: Letters Patent Appeal No.1402 of 2015

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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.

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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.

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(Hemant Gupta, J.)

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(Ahsanuddin Amanullah, J.)

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Sunil/-

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AFR/NAFR
CAV DATE	09.05.2016
Uploading Date	21.05.2016
Transmission Date

The Bihar State Food and Civil Supplies Corporation Ltd. and Anr. v. Niranjan Prasad and Ors.

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The Bihar State Food and Civil Supplies Corporation Ltd. and Anr. v. Niranjan Prasad and Ors.

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