Dismissed

Baash Ghat Masauriya Primary Agriculture Credit Society v. The State Of Bihar and Ors.

Patna HC20 Dec 2016L.P.A/281/2016

Case brief

AI extract

What is this about?

The Acting Chief Justice allowed an interlocutory application to admit a Letters Patent Appeal challenging a cut-off date clause in a previous single judge order. The Court dismissed the appeal relying on the precedent set in Gausia Primary Agriculture Credit Society.

What did the court decide?

The appeal was dismissed; the order passed by the learned single Judge with the cut-off date condition stands.

Baash Ghat Masauriya Primary Agriculture Credit Society… — Cooperative Societies | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Letters Patent Appeal No.281 of 2016 Arising out of Civil Writ Jurisdiction Case No. 11746 of 2015 Along with Interlocutory Application No.1076 of 2016

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

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Baash Ghat Masauriya Primary Agriculture Credit Society through its Chairman namely Sunil Kumar Yadav, S/o- Nakched Yadav, R/o Vill.Baash Ghat Masauriya, PO- Maharani, PS- Mahmadpur, Dist.- Gopalganj

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.... .... Appellant/s

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Versus

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

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The Principal Secretary, Cooperative Department, Govt of Bihar, Patna. 3. The Managing Director, Bihar State Food & Civil Supplies Corporation Limited, Bihar, Patna.

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The District Magistrate, Gopalganj.

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The District Cooperative Officer, Gopalganj.

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The Circle Officer, Kateya, District - Gopalganj.

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The Ministry of Consumer Affairs, Food & Civil Supply,Govt. of India through the secretary.

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… … Respondents/ Respondents.

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Ameya Primary Agricultural Cooperative Societies through its Chairman, Vikash Tiwary, son of Rameshwar Tiwary, resident of village- Ameya, Post - Mahuwa, Police Station - Kateya, District - Gopalganj.

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.... .... Petitioner/ Respondent/s

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

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For the Appellant/s : Mr. Sanjay Kumar Singh For the Respondent/s : Mr. Kinkar Kumar- Sc27

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====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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(Per: HONOURABLE THE ACTING CHIEF JUSTICE )

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2 20-12-2016 Re.: I. A. No.1076 of 2016

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The Interlocutory Application has been filed by the appellant to permit it to file the Appeal under Clause 10 of the Letters Patent of the Patna High Court Rules against the order, dated 14.10.2015, passed by the learned single Bench in CWJC

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Patna High Court LPA No.281 of 2016 (2) dt.20-12-2016

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2/3

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No.11746 of 2015 and analogous cases.

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The learned single Judge has allowed the writ petitions, but on condition that benefit of such order shall be applicable to only those Primary Agriculture Credit Societies, who have invoked the writ jurisdiction of this Court before the cut off date. The Appellant has not invoked the writ jurisdiction of this Court before the cut off date. Therefore, the appellant seeks to challenge such clause by filing the present Letters Patent

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Appeal.

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In view of said fact, we allow the Interlocutory Application and permit the appellant to file the Letters Patent Appeal.

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Re.: Letters Patent Appeal No.281 of 2016:

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The Letters Patent Appeal is directed against an order passed by the learned single Judge of this Court on 14.10.2015, whereby the writ applications were allowed with specific direction that benefits will be extended to only those applicants, who had filed writ application before the cut off date.

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Similar issues, as is raised in the present Letters Patent Appeal, were raised in Letters Patent Appeal No.10 of 2016 (Gausia Primary Agriculture Credit Society Vs. The State of Bihar and Ors. ) , which has been decided on 22^nd of November,

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Patna High Court LPA No.281 of 2016 (2) dt.20-12-2016

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3/3

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For the reasons recorded in Gausia Primary Agriculture Credit Society’s case (supra), the present Letters Patent Appeal is dismissed.

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(Hemant Gupta, ACJ)

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(Dinesh Kumar Singh, J)

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Anil/-

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Baash Ghat Masauriya Primary Agriculture Credit Society v. The State Of Bihar and Ors.

Case brief

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Baash Ghat Masauriya Primary Agriculture Credit Society v. The State Of Bihar and Ors.

Case brief

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