Disposed

The State Food Corporation Through Its Managing Director and Ors. v. Sri Krishna Rice Mill and Ors.

Patna HC15 Dec 2020L.P.A/2273/2016

Case brief

AI extract

What is this about?

Disposes of Letters Patent Appeal where parties are to be bound by pending Supreme Court decisions on same subject matter, specifically Pawapuri Rice Mills case. Appeals by S.F.C. in Puri and Om Prakash Rajgariya cases are referred as controlling authority.

What did the court decide?

Appeal disposed of, parties bound by pending Apex Court decisions. Liberty reserved to seek clarification or revive appeal.

The State Food Corporation Through Its Managing Director and Ors. Vs Sri Krishna Rice Mill and Ors. — Patna HC (2020) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.2273 of 2016 In

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Civil Writ Jurisdiction Case No.7086 of 2013

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

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The State Food Corporation Through Its Managing Director, Patna

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The Managing Director, State Food Corporation, Patna.

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The District Manager, State Food Corporation, Nalanda at Biharsharif.

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... ... Appellant/s

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Versus

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Sri Krishna Rice Mill, At+P.O. Deep Nagar, District Nalanda, through its Partner Hare Ram Kumar, Son Of Late Kari Yadav, Resident Of Village - Hawanpura, P.O. Bhandari, P.S. Rahui, District - Nalanda.

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The State Of Bihar through the Secretary, Department Of Food And Civil Supply, Government Of Bihar, Patna

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The Secretary, Department Of Food And Civil Supply, Government Of Bihar, Patna.

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The Certificate Officer, Nalanda At Biharsharif.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Anjani Kumar, Senior Advocate Mr. Shailendra Kumar Singh, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 15-12-2020

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Shri Shailendra Kumar Singh, learned counsel for the appellants, states that several writ petitions were disposed of by the learned Single Judge passing the very same and/or similar order, subject matter of the present Letters Patent Appeal. He points out that the instant impugned order is dated

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Patna High Court L.P.A No.2273 of 2016 dt.15-12-2020 2/4

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22.07.2014 passed in CWJC No.7086 of 2013, titled as Sri Krishna Rice Mill Vs. The State of Bihar & Ors., which stands disposed of in terms of judgment dated 22.07.2014 passed in CWJC No. 13746 of 2013, titled as Sone Valley Rice Mill Vs. The State of Bihar & Ors. covering identical issue and similar facts.

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Further, he invites our attention to the order dated 20.05.2016 passed in LPA No. 1576 of 2014, titled as The Bihar State Food and Civil Supplies Corporation & Anr. vs. Sone Valley Rice Mill & Ors. by a coordinate Bench (DB) of this Court, whereby the order passed in Sone Valley Rice Mill (supra) stands reversed. But however, Special Leave Petition assailing the order, similar in nature is pending before Hon’ble the Apex Court and one such case being S.L.P. No(s). 1690916912/2016, titled as Pawapuri Rice Mills Vs. Bihar State Food and Civil Supplies Corporation Ltd. & Ors.

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Learned counsel further states that several Letters Patent Appeal decided by this Court in connection with the very same issue, subject matter of the present appeal, which were decided, are also pending before Hon’ble the Apex Court. It is further prayed that the present appeal can be disposed of with the direction that the parties to the present lis ,

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Patna High Court L.P.A No.2273 of 2016 dt.15-12-2020 3/4

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i.e. the present appellants and the writ petitioner, shall be bound by the decision rendered by Hon’ble the Apex Court in the said appeals.

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Sri Anjani Kumar, learned Senior Advocate assisted by Sri Shailendra Kumar Singh, learned counsel for the appellants, further states that the present appeal be disposed of in terms of the judgment dated 27.11.2020 passed in Letters Patent Appeal No.2272 of 2016 titled as The Bihar State Food and Civil Supplies Corporation Ltd. & Anr. Vs. Om Prakash Rajgariya & Ors. as modified by order dated 02.12.2020.

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No other point is raised by learned counsel for the appellants.

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We find no impediment in accepting the submissions made by the learned counsel and as such dispose of the present appeal, clarifying that the parties to the present lis shall be bound by the decision rendered by Hon’ble the Apex Court in the appeals arising out of the same very subject matter, and more specifically Pawapuri Rice Mills (supra) and other connected matters.

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Also liberty is reserved to the parties to seek clarification if any, from this Court or reviving the present appeal, if the need so arises subsequently.

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Patna High Court L.P.A No.2273 of 2016 dt.15-12-2020 4/4

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The appeal stands disposed of in the above terms.

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Interlocutory Application, if any, shall stand

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disposed of.

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(Sanjay Karol, CJ)

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( S. Kumar, J)