Dismissed

The Bihar State Food and Civil Supplied Corporation and Ors. v. Suresh Rai and Anr.

Patna HC2 Dec 2020L.P.A/63/2016

Case brief

AI extract

What is this about?

The High Court at Patna disposed of a Letters Patent Appeal, directing that the parties be bound by the Supreme Court's decision in connected cases regarding similar subject matter involving rice mills and food supply corporations, reserving liberty for future clarification.

What did the court decide?

The appeal is disposed of; parties to the lis are bound by the Supreme Court's decision on similar subject matter.

The Bihar State Food and Civil Supplied Corporation and… — Company and Corporate | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.63 of 2016 In

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Civil Writ Jurisdiction Case No.17729 of 2013

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

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The Bihar State Food and Civil Supplied Corporation Limited through its Managing Director, Bihar, Patna.

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The District Manager, Bihar State Food and Civil Supply Corporation, Vaishali.

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... ... Respondents/Appellant/s

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Versus

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Suresh Rai, Son of Sri Ashok Rai, Chairman, Salha Pacs Rice mill, Village and Post Salha ,P.S Desari, District Vaishali.

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… Writ Petitioner/Respondent

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The State of Bihar through the Principal Secretary, Food and Consumer protection Department , State of Bihar, Patna.

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The District Collector, District Vaishali.

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The Sub-Divisional Officer, Vaishali, District Vaishali.

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The District Certificate Officer, Vaishali.

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... ... Respondents/ Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Anjani Kumar, Senior Advocate Mr. Shailendra Kumar Singh, Advocate For the Respondent No.1: Mr. Krishna Mohan Mishra, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 02-12-2020

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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

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Patna High Court L.P.A No.63 of 2016 dt.02-12-2020 2/4

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points out that the instant impugned order is dated 25^th of July, 2014 passed in CWJC 17729 of 2013, titled as Suresh Rai 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 , i.e. the present

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Patna High Court L.P.A No.63 of 2016 dt.02-12-2020 3/4

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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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The appeal stands disposed of in the above terms.

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Patna High Court L.P.A No.63 of 2016 dt.02-12-2020 4/4

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disposed of.

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Interlocutory Application, if any, shall stand

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(Sanjay Karol, CJ)

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( S. Kumar, J)