Patna High Court
Broad Son Commodities Private ... vs The State Of Bihar on 2 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.726 of 2021
In
Civil Writ Jurisdiction Case No.13251 of 2021
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Broad Son Commodities Private Limited a Company incorporated under the
provisions of the Companies Act, 1956 having its registered office at Dr.
Himanshu Complex, Block Road, Koilwar Chouk, P.S. Koilwar, District
Bhojpur (Ara), through its Director Ashok Kumar aged about 65 years (male),
Son of Ram Chandra Saw, Resident of Village/Mohalla- Pareo, P.S. Bihta,
District Patna.
... ... Appellant/s
Versus
1. The State of Bihar through the Commissioner-cum-Principal Secretary,
Department of Mines and Geology, Government of Bihar, Vikas Bhawan,
Bailey Road, Patna 800001.
2. The Principal Secretary cum Commissioner Mines, Department of Mines
and Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna-
800001.
3. The Special Secretary cum Director, Mines and Geology Department,
Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
4. The Deputy Director, Mines and Geology, Bhojpur.
5. The District Magistrate-cum-Collector, Bhojpur.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. P.K. Shahi, Sr. Advocate
Mr. Suraj Samdarshi, Advocate
Mr. Rajan Prakash, Advocate
Mr. Avinash Shekhar, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
Mr. Naresh Dixit, Spl. P.P. (Mines)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
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(The proceedings of the Court are being conducted by
Hon'ble the Chief Justice/ Hon'ble Judges through
Video Conferencing from their residential
offices/residences. Also, the Advocates and the Staffs
joined the proceedings through Video Conferencing
from their residences/offices.)
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Date : 02-02-2022
Patna High Court L.P.A No.726 of 2021 dt.02-02-2022
The present Letters Patent Appeal has been filed
under Clause 10 of Appendix E of the Letters Patent of the
Rules of the High Court at Patna, 1916, against the judgment
and order dated 08.12.2021 passed by a learned Single Judge of
this Court in CWJC No.13251 of 2021 titled as Broad Son
Commodities Private Limited Vs. The State of Bihar & Ors.
Sri P. K. Shahi, learned Senior Counsel appearing
for the writ petitioner-appellant herein, states that writ
petitioner-appellant herein be permitted to withdraw the main
writ petition being CWJC No.13251 of 2021 titled as Broad
Son Commodities Private Limited Vs. The State of Bihar &
Ors., for the grievances of the writ petitioner are to be redressed
in terms of and under the remedies stipulated in the agreement,
as per the law applicable and governing the parties to the lis.
We notice that in the analogous matters being
CWJC No. 13483 of 2021 titled as Broad Son Commodities
Private Limited Vs. The State of Bihar & Ors, liberty already
stands granted to withdraw the writ petitions listed before us.
The issue is similar in nature. As such the
appellant-writ petitioner's prayer is allowed, clarifying that
adjudicatory authority shall decide the lis uninfluenced of the
observations made in the impugned judgment, for the same to
Patna High Court L.P.A No.726 of 2021 dt.02-02-2022
have been effaced with the withdrawal of the writ petition.
The appeal stands disposed of with the prayer
aforesaid.
Interlocutory Application, if any, shall stand
disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J)
P.K.P./Amrendra
AFR/NAFR
CAV DATE
Uploading Date 08.02.2022
Transmission Date
