IN THE SUPREME COURT OF INDIA  CIVIL  APPELLATE JURISDICTION  

CIVIL APPEAL NO. 7082    OF  2010

(Arising out of SLP(C) No.15388/2008)

MOTIPUR SUGAR FACTORY LIMITED            Appellant(s)

                    :VERSUS:

THE STATE OF BIHAR AND ORS.                 Respondent(s)

O R D E R

Leave granted.

This appeal is directed against the judgment and  

order dated 26.2.2008 passed by the Division Bench of the  

High  Court  of  Judicature  at  Patna  in  Letters  Patent  

Appeal (L.P.A.) No.158 of 2008.  

L.P.A.  No.158  of  2008  was  filed  against  an  

interim order passed by the learned Single Judge of the  

Patna  High  Court  in  writ  petition  C.W.J.C.  No.427  of  

2007.  The  Division  Bench  of  the  High  Court  while  

disposing of the aforesaid LPA against the interim order,  

also  dismissed  the  main  writ  petition  (C.W.J.C.  

No.427/2007) which was pending before the learned Single  

Judge.

We have heard the learned senior counsel appearing  

on both sides.  

-2-

We are of the considered view that in the facts  

and circumstances of this case, the Division Bench of the  

High Court ought not to have dismissed the writ petition.  

We are constraint to set aside that part of the impugned  

order  by  which  the  Division  Bench  has  dismissed  the  

C.W.J.C. No.427/2007, and remit the matter to the learned  

Single Judge for deciding the writ petition afresh on  

merit.  

Since this matter has been pending in this Court  

for quite some time, we request the learned Single Judge  

of the High Court of Judicature at Patna to dispose of  

C.W.J.C.  No.427/2007  as  expeditiously  as  possible  and  

without being influenced by any observation made by the  

Division Bench of the High Court.   

With these observations, this appeal is disposed  

of, leaving the parties to bear their own costs.    

.....................J (DALVEER BHANDARI)

.....................J (DEEPAK VERMA)

New Delhi; August 26, 2010.