Allowed

Sheo Shankar Singh @ Shankar Singh and Ors. v. The State Of Bihar and Ors.

Patna HC22 Feb 2013L.P.A/1861/2012

Case brief

AI extract

What is this about?

The High Court of Patna allowed the Letters Patent Appeal. It condoned a 62-day delay in filing the appeal. The court set aside the impugned order made ex-parte without issuing notice to the appellants-respondents (Respondents 8, 10, and 11) and remitted the writ petition for hearing afresh.

What did the court decide?

The delay in filing the appeal is condoned. The impugned order is set aside. The writ petition is revived and remitted for hearing afresh.

Sheo Shankar Singh @ Shankar Singh and Ors. Vs… — Civil Procedure and Limitation | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1861 of 2012 In Civil Writ Jurisdiction Case No. 7242 of 2007 With Interlocutory Application No. 7859 of 2012 In Letters Patent Appeal No.1861 of 2012

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======================================================

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Sheo Shankar Singh @ Shankar Singh Son of Late Nagina Singh Resident Of Village - Butai Bigha, Police Station - Akorhigola, District - Rohtas At Sasaram

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Lallan Singh Son of Late Nagina Singh Resident of Village - Butai Bigha, Police Station - Akorhigola, District - Rohtas At Sasaram

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Baban Singh Son of Late Nagina Singh Resident of Village - Butai Bigha, Police Station - Akorhigola, District - Rohtas At Sasaram

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.... .... Appellant/s

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Versus

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The State of Bihar

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The Collector, Rohtas At Sasaram

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The Sub Divisional Officer, Dehari-On-Sone, Dehari, District - Rohtas

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The Deputy Collector Land Reforms Dehari, District - Rohtas

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The Circle Officer, Akorhigola, Police Station - Akorhigola, District - Rohtas

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The Circle Inspector Akorhigola, Police Station - Akorhigola, District - Rohtas

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The Revenue Karmchari, Akorhigola, Police Station - Akorhigola, District - Rohtas

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Bhikar Ram Son of Shyam Bihari Ram Resident Of Village - Nawadih, P.O. - Gamhariya, Police Station - Akorhigola, District - Rohtas

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Dharamraj Ram Son of Bashishth Ram Resident Of Village - Nawadih, P.O. - Gamhariya, Police Station - Akorhigola, District - Rohtas

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Gauri Singh Son of Late Nagina Singh Resident Of Village - Butai Bigha, Police Station - Akorhigola, District - Rohtas

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Patna High Court LPA No.1861 of 2012 (3) dt.22-02-2013

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2 / 3

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.... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ram Chandra Singh, Advocate. For the Respondent/s : Mr. Pankaj Kumar, AC to GA 8. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 22-02-2013 Though served, the respondent no. 10 has not entered appearance. Re. Interlocutory Application No. 7859 of 2012 The delay of 62 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. Re. Letters Patent Appeal No. 1861 of 2012. Feeling aggrieved by the order dated 3^rd July 2012 made by the learned single Judge in C.W.J.C No. 7242 of 2007, the respondent nos. 8, 10 and 11 have preferred this Appeal under Clause 10 of the Letters Patent.

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Learned advocate Mr. Ram Chandra Singh has appeared for the appellants. He has submitted that the impugned order has been made against the appellants ex parte.

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On perusal of records of the writ petition, it is apparent that the petition has been decided by the learned single Judge without issuing notice to the present appellants-respondent nos. 8, 10 and 11. The grievance made by the appellants is justified. For the aforesaid reason, we allow this Appeal. The impugned order

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Patna High Court LPA No.1861 of 2012 (3) dt.22-02-2013

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3 / 3

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dated 3^rd July 2012 made in C.W.J.C No. 7242 of 2007 is set aside. C.W.J.C No. 7242 of 2007 is revived and is remitted to the learned single Judge, according to roster, for hearing and decision afresh.

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Learned advocate Mr. Ram Chandra Singh assures this Court that the appellants-respondent nos. 8, 10 and 11 will file their appearance in the writ petition within 3 weeks from today.

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(R.M. Doshit, CJ)

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Prakash/-

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(Ahsanuddin Amanullah, J)

Sheo Shankar Singh @ Shankar Singh and Ors. v. The State Of Bihar and Ors.

Case brief

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Sheo Shankar Singh @ Shankar Singh and Ors. v. The State Of Bihar and Ors.

Case brief

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