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2018 Supreme(Pat) 1609

A. P. SAHI, ANJANA MISHRA
Vijay Sharma, son of Sri Ramadhin Mistri – Appellant
Versus
State of Bihar through the Chief Secretary, Government of Bihar, Patna – Respondent


Advocates Appeared:
For the Petitioners:Mr. Y.V. Giri, Sr. Advocate, Mr. Niranjan Kumar, Advocate
For the Respondent:Mr. Siddharth Prasad, Advocate, Mr. Om Prakash Kumar, Advocate, Mrs. Nutan Sahay, A.C. to AAG-12.

JUDGMENT :

Amreshwar Pratap Sahi, J.

Re: I.A. No. 8966 of 2018

Heard Shri Y.V. Giri, learned senior counsel for the applicant, Shri Siddharth Prasad, learned counsel for the Bharat Petroleum Corporation Limited, Respondent Nos. 6 to 8 and Mrs. Nutan Sahay, learned counsel for the State for Respondent Nos. 1 to 5.

2. The review application is reported to be delayed by 20 days.

3. We have considered the affidavit filed in support of the delay condonation application and we find that sufficient cause has been shown to condone the delay in filing the review application. The delay is condoned and the review application shall be treated to be within time.

4. I.A. No. 8966 of 2018 stands allowed accordingly.

Re: Civil Review No. 469 of 2018

This review application has been filed contending that there is an error apparent on the face of the record inasmuch as the Division Bench while proceeding to dismiss the appeal and relegating the applicant-appellant for filing a suit for damages has assumed that it is not in dispute that third party rights have already been created and the L.P.G. distributorship has been allotted and given to another person.

2. Learned counsel submits that this eventuality doe





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