LP As filed by the son of an appellant who died during the pendency of the underlying writ petition, alleging bias due to the Single Judge's unawareness of the death. The court disposed the appeals, granting liberty to file a 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.56 of 2018
In
Civil Writ Jurisdiction Case No.8964 of 2001
======================================================
Durga Nand Prakash, Son of Late Kashi Nath Mishra, resident of Village Silaut, P.S. Muffasil, Samastipur, Dist.- Samastipur.
... ... Appellant/s
Versus
... ... Respondent/s
======================================================
with Letters Patent Appeal No. 55 of 2018 In
Civil Writ Jurisdiction Case No.5831 of 2005
======================================================
Durga Nand Prakash, Son of Late Kashi Nath Mishra, resident of Village Silaut, P.S. Muffasil Samastipur, Dist.- Samastipur.
... ... Appellant/s
Versus
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 56 of 2018) For the Appellant/s : Mr. Amish Kumar, Advocate For the BSFC : Mr. Shailendra Kumar Singh, Advocate For the State : Mr. S. Raza Ahmad, AAG 5 Mr. Anisul Haque, AC to AAG 5
Patna High Court L.P.A No.56 of 2018(12) dt.29-08-2022 2/3
Mr. Alok Ranjan, AC to AAG 5 (In Letters Patent Appeal No. 55 of 2018) For the Appellant/s : Mr. Amish Kumar, Advocate For the BSFC : Mr. Shailendra Kumar Singh, Advocate For the State : Mr. S. Raza Ahmad, AAG 5 Mr. Anisul Haque, AC to AAG 5 Mr. Alok Ranjan, AC to AAG 5
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CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJAN GUPTA)
12 29-08-2022 Heard learned counsel for the parties.
Chargesheet was issued to the appellant on 08.04.1985 for alleged embezzlement of 84 quintals of wheat. Apart from this, another five charges were levelled against the appellant. He challenged the same before this Court. However, he died during the pendency of this writ petition. As none appeared on his behalf, the learned Single Judge decided the case against him in his absence.
The present Letters Patent Appeal has been preferred by his son.
We have proposed to the appellant that he may seek review as the learned Single Judge was not ever made aware of the fact that the appellant had died by the time the case came up for final hearing. He is agreeable to this proposal.
A moot question would arise whether recovery of the alleged embezzled amount can be made from the son of the
Patna High Court L.P.A No.56 of 2018(12) dt.29-08-2022 3/3
appellant, who was not an employee of the respondent Corporation.
Under the circumstances, these appeals are disposed off with liberty to the appellant to file a review application. In case such a review application is filed within three weeks from today, it shall be listed high up in the list.
The Letters Patent Appeals stand disposed off.
(Rajan Gupta, J)
(Dr. Anshuman, J)
P. Kumar
U
1 issue framed by the court
Whether recovery of alleged embezzled amount can be made from the son of the appellant who was not an employee of the respondent Corporation
Durga Nand Prakash
The State of Bihar
Bihar State Food and Civil Supplies Corporation
Rajan Gupta
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
