M. D. Bihar State Warehousing Corp. v. State Of Bihar
2003-07-25
RAVI S.DHAVAN, SHASHANK KR.SINGH
body2003
DigiLaw.ai
Judgment 1. This letters patent appeal otherwise has been filed beyond limitation, along with it is appended an order dated 25 March, 2003 which is on Civil Review No. 156 of 2001. This order refers to an order dated 13 July, 2001 on which a review was sought. The order dated 13 July, 2001 apparently was the subject matter of a letters patent appeal also. This is the order dated 16 August, 2001 on L.P.A. No. 763 of 2001. But the order by which the writ petition was dismissed has not been placed before the court in the present letters patent appeal. 2. The Managing Director, Bihar State Warehousing Corporation is, in fact, stretching irregular proceedings, without any cause and is also saddling the Corporation with unnecessary expenses and litigations. 3. It is not that the order is not available to the court. The original writ petition record shows that 13 July, 2001 order was passed on CWJC. No. 8164 of 2001: Managing Director, Bihar State Warehousing Corporation V/s. The State of Bihar & Ors. The order reads: "After some argument, as prayed, this writ petition is permitted to be withdrawn". Sd/- (Radha Mohan Prasad, J.) 4 Everybody connected with this case whether it is the Bihar State Warehousing Corporation counsel not excluded has missed the process of this court one by not placing the order of the original writ petition on this appeal and then unnecessarily creating a litigation in which a case was withdrawn. 5. Dismissed.