IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1696 of 2011 In Civil Writ Jurisdiction Case No. 9723 of 2009 With Interlocutory Application No. 7768 of 2011 With Interlocutory Application No. 7769 of 2011 In Letters Patent Appeal No.1696 of 2011 ====================================================== Deo Sharan Singh Yadav S/o Late Karamdhari Singh Yadav, R/o Village- Chhatauni, P.S.- Nimchak Bathani, District- Gaya .... .... Respondent-Appellant Versus 1. The State of Bihar through the Commissioner, Agriculture, Bihar, Patna 2. The District Magistrate-cum-Collector, Gaya 3. The Sub Divisional Officer, Gaya 4. The Sub-Divisional Officer, Nimchak Bathani, Gaya 5. The Circle Officer, Atri, Gaya …. …. Respondents-Respondents 6. Sumeshwar Prasad S/o Kapildeo Singh R/o Village- Gopalganj, P.S.- Islampur, District- Nalanda. .... .... Petitioner-Respondent ====================================================== Appearance : For the Appellant : Mr. Abhinay Raj, Advocate For the Respondent Nos.1 to 5: Mrs. Mohini Kumari, A.C. to S.C.-14 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) Patna High Court LPA No.1696 of 2011 (5) dt.15-12-2011 2 / 3 2 5. 15-12-2011 Interlocutory Application No. 7768 of 2011: This Application under Section 5 of the Limitation Act is filed by the appellant for condonation of delay of one year and 162 days occurred in filing the Letters Patent Appeal. It appears that it is not the impugned order dated 19th February 2010 made by the learned single Judge in above C.W.J.C. No. 9723 of 2009, by which the appellant is aggrieved. The appellant is, however, aggrieved by the consequent cancellation of his licence by order dated 28th July 2011. Therefore, the delay. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No. 1696 of 2011: This Appeal under Clause 10 of the Letters Patent is preferred by the respondent no.6 against the order dated 19th February 2010 made by the learned single Judge in above C.W.J.C. No. 9723 of 2009. Under the impugned order the learned single Judge has not issued any direction against the respondent no.6. However, it is the action of the respondent authorities consequent to the direction issued in favour of the petitioner which is the bone of contention in this Appeal. It appears that pursuant to the impugned judgment with a view to making order in favour of the writ petitioner the licence to hold cattle fair issued in favour of the respondent no.6 is cancelled. In our opinion, the action of the respondent authorities in cancelling the licence granted to the appellant is entirely a separate cause of action. The challenge to the impugned Patna High Court LPA No.1696 of 2011 (5) dt.15-12-2011 3 / 3 3 order dated 19th February 2010 is misconceived. Learned advocate Mr. Abhinay Raj has appeared for the appellant. He has admitted that against the order of cancellation of licence the appellant has preferred C.W.J.C. No. 15430 of 2011, which is pending before the learned single Judge. The appellant having already availed of the substantive remedy against the order of cancellation of licence, this Appeal and the Interlocutory Application are disposed of. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)