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2023 Supreme(Pat) 510

P. B. BAJANTHRI, ARUN KUMAR JHA
State of Bihar – Appellant
Versus
Arvind Kumar S/o Bijay Chaudhary – Respondent


Advocates:
Advocate Appeared:
For the Appellants : S.D. Yadav, Nagindra Pathak, Sriram Krishna, K.K. Sinha, Shashi Shekhar.
For the Respondents: P.K. Shahi, Shashi Bhushan Singh, Prince Kumar Mishra.

JUDGMENT :

P.B. BAJANTHRI, J.

Re: I.A. No. 01 of 2020 and I.A. No. 04 of 2022 (arising out of L.P.A. No. 158 of 2020)

1. Heard Interlocutory Applications for condonation of delay in filing present L.P.A.

2. For the reasons stated in the application and affidavit, delay of about 40 days is condoned.

3. Accordingly I.A. No. 01 of 2020 and I.A. No. 04 of 2022 for condonation of delay and rectification of I.A. No. 01 of 2020 are allowed.

4. With the consent of the learned counsels for respective parties matter is taken up for final disposal.

5. These two L.P.A. are filed by the State of Bihar and Arvind Kumar. They are aggrieved by the order of the learned Single Judge dated 10.12.2019 passed in Sanjeev Kumar Mishra vs. State of Bihar and Others, C.W.J.C. No. 22551 of 2019.

6. Appellant-Arvind Kumar is holder of Diploma in Pharmacy. On the other hand, Respondents-Sanjeev Kumar Mishra and Others were holders of M.Pharma/B. Pharma. Sanjeev Kumar Mishra in his C.W.J.C. No. 22551 of 2019 has prayed for following reliefs:

    “(a) For issuance of writ in the nature of Mandamus, directing and command

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