The Patna High Court rejected a Letters Patent Appeal and an application raising fresh grounds to revive a stale writ petition. The bench held that the matter was already decided as stale in 1991 and dismissed the appeal due to delay and lack of merit.
The Letters Patent Appeal and the Interlocutory Application were rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No. 856 of 2012
In
Civil Writ Jurisdiction Case No. 7418 of 2011
With
Interlocutory Application No. 4008 of 2012
In
Letters Patent Appeal No. 856 of 2012.
======================================================
Ram Ekbal Bhagat, S/o Late Jagarnath Bhagat, Resident of Village - Pipara, P.O.- Jai Gobind Nagar, Police Station - Jamhore, Dist- Aurangabad
.... .... Petitioner / Appellant
Versus
Patna High Court LPA No.856 of 2012 (5) dt.07-08-2012
2 / 3
.... .... Petitioners / Performa Respondents
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Appearance:
For the Appellant: Mr. Gaurang Chatterjee and Mr. Suresh Mishra, Advocates.
For the Respondent nos. 1-4: Mr. Pawan Kumar Mishra, GP 22, Mr. Hare Ram Singh and Mr. Sanjay Kumar Singh, AC to GP 22.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 07-08-2012 This Appeal preferred by the writ petitioner under Clause 10 of the Letters Patent arises from the order dated 16th August 2011 made by the learned single Judge in CWJC No. 7418 of 2011.
The learned single Judge has rejected the writ petition on the principle of constructive res judicata. Therefore, this Appeal.
It is apparent that in the present proceeding filed in 2012, the petitioner seeks to revive CWJC No. 8786 of 1991 decided on 25th July 2000. In the earlier proceeding also the learned single Judge has observed that the matter is stale. The precise terminology used by the learned single Judge is “ Flogging the dead horse which this Court is not inclined to do. ”
We see no merit in this Appeal
Besides, there is delay of 244 days in filing the Letters Patent Appeal.
Patna High Court LPA No.856 of 2012 (5) dt.07-08-2012
3 / 3
For the aforesaid reason, the Appeal and the Application are rejected.
(R.M. Doshit, CJ)
(Ahsanuddin Amanullah, J)
Dilip.
1 issue framed by the court
Whether the Letters Patent Appeal permitted the revival of a stale Writ Petition earlier rejected on principles of constructive res judicata.
Ram Ekbal Bhagat and Others
The State of Bihar through the Principal Secretary, Water Resources Department
The Chief Engineer (Mechanical), Water Resources Department
The Superintending Engineer (Mechanical), Irrigation Circle
The Executive Engineer (Mechanical), Irrigation Circle
Ramji Singh and Others
Chief Justice
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
