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2019 Supreme(Jhk) 1845

SUJIT NARAYAN PRASAD
Balaji Enterprises, A Partnership Firm, Lucknow, Uttar Pradesh, Through Its Authorized Signatory, Ved Prakash Pandey – Appellant
Versus
State Of Jharkhand, Through Secretary, Road Construction Department – Respondent


Advocates Appeared:
Sumeet Gadodia, Advocate, Indrajit Sinha, Advocate, Ajit Kumar, Advocate, Aparajita Bhardwaj, Advocate, Anil Kumar Sinha, Advocate, Sweety Topno, Advocate

JUDGMENT

Sujit Narayan Prasad, J. - The present Letters Patent Appeals have been referred before this Court in the capacity of third Judge by the administrative decision of Hon''ble the Acting Chief Justice dated 03.09.2019 reason being that the appeals (both) have been allowed by a concurring judgment but both the Hon''ble Judges have differed with each other on one issue which has necessitated these appeals to be listed before a third Judge and in pursuance thereto, the matter has been placed before the Hon''ble the Chief Justice in the Administrative Side, for assigning the matter to a third Hon''ble Judge, for ready reference, the aforesaid administrative order is reproduced below :-

    Hon'ble The Acting Chief Justice

    My Lord,

    PUC may kindly be perused.

    PUC is an order dt.30.04.2019 passed by Hon'ble Division Bench comprising Hon'ble Mr. Justice H.C. Mishra and Hon'ble Mr. Justice S.K. Dwivedi in L.P.A. No. 730 of 2018 with L.P.A. No. 734 of 2018 in the aforesaid order, Their Lordships have been pleased to observe as under:-

    "Judgment has been delivered in open Court today, accor

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