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2017 Supreme(Pat) 177

AJAY KUMAR TRIPATHI, NILU AGRAWAL
State of Bihar through the Chief Secretary, Government of Bihar, Patna – Appellant
Versus
Kedar Maharaj through its Proprietor Prahlad Sharma, Son of Late Kedar Maharaj – Respondent


Advocates Appeared:
For the Appellants : Mr. Anjani Kumar Singh, A.A.G.-4.
For the Respondents:Mr. N.K. Agrawal. Sr. Advocate, Mr. Amaresh Kumar Sinha, Mr. Anil Kumar Sinha, Mr. Amlesh Kumar Verma, Advocates.

JUDGMENT :

AJAY KUMAR TRIPATHI, J.

1. For the reasons indicated in the limitation application, delay in filing of appeal is condoned.

2. I. A. No. 4901 of 2014 is allowed.

3. Two writ applications came to be filed, seeking identical relief, because it arose from a direction or order passed by the Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, dated 20.07.2012.

4. The relevant order was letter no. 4547, dated 20th of July, 2012, which was Annexure-5 to the writ application. Only one LPA has been filed in C. W. J. C. No. 21901 of 2012 against the order, dated 28th of October, 2013. By virtue of the impugned order of the writ application, i.e., Annexure-5, all the Collectors of the State were directed to ensure that all the wholesale dealers of Indian Oil Corporation, who were having license for running petrol pump as well as wholesale license for kerosene oil, would not run from the same premises and if the same were being run, they should be ordered to be shifted atleast 2 km apart. The reason for issuance of such a communication of the Principal Secretary of the Department was an instance of adulteration which came to the notice of the department b

















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