The petitioner sought interest on the price of wheat and rice previously confiscated and later refunded following a quashed confiscation order. The Court dismissed the petition, ruling that the claim for interest could and should have been raised in the original writ petition, prohibiting successive piecemeal litigation.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5035 of 2020
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Laxmi Wheat Product Private Ltd. 2nd Sector, Industrial Area, Harpur Alloth, District- Samastipur through one of its Director Binod Kumar Agrawal, Aged about 61 years, Gender- Male, Son of Laxhmi Narain Bhawsinka, Resident of Village- Ujiyarpur, Police Station- Ujiyarpur, District- Samastipur.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Sanjeet Kumar Mr. Digvijay Narayan Singh For the Respondent/s : Mr.S. Raja Ahmad ( Aag5 ) ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
Patna High Court CWJC No.5035 of 2020(5) dt.15-02-2024 2/5
Patna High Court CWJC No.5035 of 2020(5) dt.15-02-2024 3/5
were quashed by this Court. This Court held that the petitioner shall be entitled to be paid the price of the confiscated wheat and rice, which shall be quantified by the Collector, Samastipur, in accordance with the provisions of the Essential Commodities Act.
Patna High Court CWJC No.5035 of 2020(5) dt.15-02-2024 4/5
petitioner accepted without any demur or objection and after a lapse of two years, the petitioner has demanded the interest upon the amount of confiscated food grains.
Patna High Court CWJC No.5035 of 2020(5) dt.15-02-2024 5/5
13.This writ application is, accordingly, dismissed.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √
1 issue framed by the court
Whether a petitioner can file successive writ petitions in a piecemeal fashion to claim interest after the primary relief of refund of confiscated goods' price was disposed of without claiming interes
4 provisions across 2 enactments
Laxmi Wheat Product Private Ltd.
The State of Bihar
The Secretary, Food and Civil Supply Department
The District Magistrate Samastipur
The Sub-Divisional Magistrate Samastipur
The Block Supply Officer District- Samastipur
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
