The Patna High Court disposed of interlocutory applications regarding the condonation of delay in filing Letters Patent Appeals Nos. 87 and 88 of 2011 by both parties. The Court subsequently dismissed both appeals in limine.
Interlocutory applications allowed; both Letters Patent Appeals dismissed in limine.
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.87 of 2011
In
Civil Writ Jurisdiction Case No. 1022 of 1997 With Interlocutory Application No. 429 of 2011 In
Letters Patent Appeal No. 87 of 2011
======================================================
Ram Jinish Mahto, Son of Late Rambali Mahto, Resident of Village Dhobwalia, Post Office Jigrawan, District Siwan at present resident of C/O Shri Sunil Kumar Singh, Jagdeo Path, Bailey Road, Post Office Veterinary College, District Patna
... .... Petitioner/Appellant
Versus
.... .... Petitioners/ Performa Respondents
======================================================
with
Letters Patent Appeal No.88 of 2011 IN Civil Writ Jurisdiction Case No. 1022 of 1997 With Interlocutory Application No. 428 of 2011 In
Letters Patent Appeal No. 88 of 2011
======================================================
Lal Bahadur Prasad Yadav, S/O Shri Baijnath Choudhary R/O VillageSiari Karn, Post Office - Lakri Dargah, District- Siwan, At present resident of Mohalla- Kidwaipuri, P & T Colony, behind Type-1, Post Office - Kidwaipuri, District- Patna
.... .... Petitioner-Appellant
Patna High Court LPA No.87 of 2011 (8) dt.25-07-2012
2 / 3
Versus
……. Respondents/Respondents 5. Prasoon Kr. Singh Chauhan S/O Sri Binesh Chandra Singh, R/O Vill.Bibhu Nagar, P.O.- Koilwar, Distt.- Bhojpur, At present Mohalla- G/2 Sadhanapuri, P.O. + P.S.- Gardanibagh, Distt.- Patna
.... .... Petitioners/ Performa Respondents
====================================================== Appearance : (In LPA No.87 of 2011) For the Appellant : Mrs. Mahasweta Chatterjee, Advocate. For the Respondent Nos. 1-2: Mr. Ashish Kumar Lal, A.C. to SC 11 For the Board : Mr. Sanjay Kumar, advocate. (In LPA No.88 of 2011) For the Appellant : Mrs. Mahasweta Chatterjee, Advocate. For the Respondent Nos. 1-2: Mr. Ashish Kumar Lal, A.C. to SC 11 For the Board : Mr. Sanjay Kumar, advocate. =====================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)
8 25-07-2012 Re. Interlocutory Application No. 429 of 2011: The delay of 43 days occurred in filing the Letters
Patna High Court LPA No.87 of 2011 (8) dt.25-07-2012
3 / 3
Patent Appeal No. 87 of 2011 is condoned.
Interlocutory Application stands disposed of.
Re. Interlocutory Application No. 428 of 2011:
The delay of 16 days occurred in filing the Letters
Patent Appeal No. 88 of 2011 is condoned.
Interlocutory Application stands disposed of.
Re. Letters Patent Appeal No. 87 of 2011 and Letters Patent Appeal No. 88 of 2011:
Both these Appeals preferred under Clause 10 of the Letter Patent by the Petitioner Nos. 3 and 2, arise from the judgment and order dated 16th September 2010 passed by the learned single Judge in C.W.J.C. No. 1022 of 1997.
The appellants, the personal staff of the Chairman, Bihar State Social Welfare Advisory Board, Patna, claim right to appointment under the Board and the arrears of salary. The learned single Judge has rejected the writ petition. Therefore, these Appeals.
We see no merit in these Appeals. Appeals are dismissed in limine.
(R.M. Doshit, CJ)
(Ahsanuddin Amanullah, J)
Sujit/-
2 issues framed by the court
Whether the delay in filing Letters Patent appeals warrants condonation.
Whether the appeals arising from rejection of the petition by the single Judge possess merit.
Ram Jinish Mahto
Prasoon Kr. Singh Chauhan
Lal Bahadur Prasad Yadav
State of Bihar
Bihar State Social Welfare Advisory Board
R. M. Doshit
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
