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2017 Supreme(Pat) 1397

RAJENDRA MENON, ANIL KUMAR UPADHYAY
State of Bihar through the Principal Secretary, Food & Civil Supply and Commerce Department – Appellant
Versus
Satyadeo Tiwari Wholesale Dealer Keerosene Oil – Respondent


Advocates Appeared:
For the Appellants : Mr. Anil Kr. Jha, Mr. S.K. Mishra.
For the Respondents: Mr. Y.V. Giri, Mr. Suryakant Kumar.

JUDGMENT :

RAJENDRA MENON, J.

1. We have heard learned counsel for the parties at length.

2. Keeping in view a peculiar situation which we observed not only in this appeal but also in various appeals without going into the merits of the matter, we propose to deal with the issue.

3. We find that writ petitions are decided on common issues either by common order or by different orders and the State of Bihar files appeals only against particular order passed in the writ petition whereas in other cases, identical in nature on same issue, appeals are not filed.

4. In this case by the common order impugned passed by the Writ Court on 26.5.2016 three writ petitions were decided, namely, CWJC No. 3414 of 2016, M/s. Satyadeo Tiwari Wholesale Dealer Kerosene Oil and Others vs. State of Bihar, CWJC No. 8020 of 2016, M/s. Nagdeo Traders and Others vs. State of Bihar and Others and CWJC No. 8172 of 2016, M/s. Hazarimal Khemnachand vs. State of Bihar and Others. The matter pertains to allotment of dealership of Kerosene oil.

5. We find from the material available on the record that in the case of M/s. Nagdeo Traders and M/s Hazarimal Khemnachand (supra) no appeal has been filed by the State and only w







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