The High Court condoned a 78-day delay in filing the Letters Patent Appeal. The appeal was decided in accordance with a 2015 judgment in Arvind Kumar case, as modified in a subsequent review pending in the same court.
Condonation of 78 days delay in filing appeal; appeal decided according to existing judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.711 of 2015 Along with
Interlocutory Application No. 2993 of 2015
Arising out of
Civil Writ Jurisdiction Case No. 9755 of 2014
=========================================================== Ajay Kumar, son of Sri Chandra Pal, resident of village- Rukhai, P.S.- Chandi, District- Nalanda.
.... .... Appellant/s
Versus
.... .... Respondent/s
===========================================================
Appearance :
For the Appellant/s : Mr. Shashi Bhushan Kumar, Advocate For the State : Mr. Binay Kumar Pandey, AC to GA-2 For the Corporation : Mr. Shailendra Kumar Singh, Advocate.
===========================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 14-09-2016
Re.: Interlocutory Application No. 2993 of 2015
The application is for condonation of delay of 78 days in
Patna High Court LPA No.711 of 2015 dt.14-09-2016
2/3
filing of the appeal.
For the reasons mentioned in the application, we find that sufficient cause is made out for condonation of delay. Consequently, the delay of 78 days in filing of the appeal is condoned. Interlocutory Application stands disposed off.
Re.: Letters Patent Appeal No. 711 of 2015
The present Letters Patent Appeal is directed against an order passed by the learned Single Bench of this Court on 23.07.2014 deciding the writ application in light of the order passed in C.W.J.C. No. 9133 of 2014 ( M/s Shivam Mini Modern Rice Mill vs. The State of Bihar & Ors. ) decided on 22.07.2014.
L.P.A. No. 1709 of 2014 against the said judgment stands decided vide judgment reported as 2015(4) PLJR 422 (Arvind Kumar vs. State of Bihar) .
It is pointed out by learned counsel for the appellant that the order passed in Letters Patent Appeal has since been partly modified on 23rd August, 2016 in Civil Review No. 150 of 2015 ( Rohit Rice Mill vs. The State of Bihar and Ors ).
After hearing learned counsel for the parties, we find that the matter in issue is covered by the Arvind Kumar’s case (supra)
The appeal is decided in terms of the said judgment and
Patna High Court LPA No.711 of 2015 dt.14-09-2016
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as modified by this Court in Civil Review No. 150 of 2015 ( Rohit Rice Mill vs. The State of Bihar and Ors. ) decided on 23rd August, 2016.
2016.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
P. Kumar/Anjani
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date
Transmission N/A
Date
2 issues framed by the court
Whether to condone delay of 78 days in filing the Letters Patent Appeal.
Whether the appeal should be decided based on the judgment in Arvind Kumar case and subsequent review.
Colour shows how this judgement treated each authority
Arvind Kumar vs. State of BiharRelied on¶35
2015(4) PLJR 422 (Arvind Kumar vs. State of Bihar)
Rohit Rice Mill vs. The State of Bihar and OrsRelied on¶35
Rohit Rice Mill vs. The State of Bihar and Ors
M/s Shivam Mini Modern Rice Mill vs. The State of Bihar & Ors.Referred¶33
M/s Shivam Mini Modern Rice Mill vs. The State of Bihar & Ors.
Ajay Kumar
The State of Bihar
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
