Single Judge dismissed the appellant State of Bihar's application for condonation of a two-year delay in filing Letters Patent Appeal, deeming it an afterthought with no justification.
Application for condonation of delay rejected; Letters Patent Appeal dismissed as time barred; Interlocutory Application No. 3590 of 2011 disposed of.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.811 of 2011
In
Civil Writ Jurisdiction Case No. 4275 of 1996 With Interlocutory Application No. 3589 of 2011 And Interlocutory Application No. 3590 of 2011 In
Letters Patent Appeal No.811 of 2011
======================================================
.... .... Respondents/Appellant/s
Versus
.... .... Petitoner/Respondent
====================================================== Appearance :
For the Appellant/s : Mr. C.S.Singh, AC to GP16 For the Respondent/s : Mr. Ramesh Jha, Advocate.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
10. 03-09-2012 Re. Interlocutory Application No. 3589 of 2011.
This application under Section 5 of the Limitation Act is filed by the appellant-State of Bihar and others for condonation of delay of 2 years and 138 days occurred in filing the Letters Patent.
The application discloses that until 18th March 2011,
Patna High Court LPA No.811 of 2011 (10) dt.03-09-2012
2 / 2
the State Government took steps to implement the direction dated 10th November 2008 issued by the learned single Judge in C.W.J.C No. 4275 of 1996.
However, on 18th March 2011 all of a sudden, the State Government decided to prefer appeal. No explanation has come-forth why the State Government could not prefer appeal within the period of limitation. Filing of the appeal is clearly an afterthought.
In absence of semblance of explanation why the State government could not have filed appeal within the period of limitation, we see no justification for condoning the inordinate delay.
The application is rejected. Re. Letters Patent Appeal No. 811 of 2011. Dismissed as time bared. Interlocutory Application No. 3590 of 2011 stands disposed of.
(R.M. Doshit, CJ)
(Ahsanuddin Amanullah, J)
Prakash/-
2 issues framed by the court
Whether condonation of delay is justified in filing Letters Patent Appeal due to inordinate delay without explanation.
Whether the application for condonation of time under Section 5 of the Limitation Act should be allowed.
1 provisions across 1 enactments
State of Bihar
Director Primary Education, Govt. of Bihar
Regional Dy. Director of Education, Govt. of Bihar
District Superintendent of Education, East Champaran
Deputy Inspector of School, Chakia East Champaran
Treasurary Officer, East Champaran
Chief Justice
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
