The Patna High Court condoned a 25-day delay in filing a Letters Patent Appeal arising from a writ petition concerning food corporation matters. The appeal was finally disposed of by following the principles established in the referenced Arvind Kumar case as modified in a subsequent Civil Review.
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. 993 of 2015
Arising out of Civil Writ Jurisdiction Case No. 9756 of 2014 Along with
Interlocutory Application No. 4143 of 2015
=========================================================== M/s Baba Biswakarma Raw Rice Mill through proprietor, Ajit Singh, Son of Late Ram Charitra Singh, resident of Bahangaon, P.O.- Tungidight, P.S.- Kanandighi, District- Uttar Dinajpur.
.... ....Petitioner/s / Appellant/s
Versus
.... ....Respondent/s / Respondent/s
=========================================================== Appearance : For the Appellant/s : Mr. Shashi Bhushan Kumar, Advocate For the B.S.F.C. : Mr. Shailendra Kumar Singh, Advocate For the State ` : Mr. Vinay Kirti Singh, G.A. 2 =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 15-09-2016
Patna High Court LPA No.993 of 2015 dt.15-09-2016
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Re.: Interlocutory Application No. 4143 of 2015
The application is for condonation of delay of 25 days in 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 25 days in filing of the appeal is condoned. Interlocutory Application stands disposed off.
Re.: Letters Patent Appeal No. 993 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
Patna High Court LPA No.993 of 2015 dt.15-09-2016
3/3
(supra).
The appeal is decided in terms of the said judgment and 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.
(Hemant Gupta, J.)
(Ahsanuddin Amanullah, J.)
Anand Kr.
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2 issues framed by the court
Whether sufficient cause is made out for condonation of delay of 25 days in filing the Letters Patent Appeal.
Whether the present Letters Patent Appeal is decided in terms of the Arvind Kumar's case as modified in Civil Review No. 150 of 2015.
Colour shows how this judgement treated each authority
M/s Shivam Mini Modern Rice Mill vs. The State of Bihar & Ors.Referred¶26
Arvind Kumar vs. State of BiharFollowed¶27
2015(4) PLJR 422 (Arvind Kumar vs. State of Bihar)
Rohit Rice Mill vs. The State of Bihar and Ors. (Civil Review No. 150 of 2015)Explained¶28
M/s Baba Biswakarma Raw Rice Mill through proprietor, Ajit Singh
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna
Managing Director, Bihar State Food and Civil Supply Corporation
The Principal Secretary, Food & Consumer Protection Department
The District Magistrate, Araria
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
