Dismissed

The State Of Bihar and Ors. v. Shailendra Kumar Chaudhary and Anr.

Patna HC14 Sept 2016L.P.A/1329/2015

Case brief

AI extract

What is this about?

This order condones delays in three Letters Patent Appeals filed by the State of Bihar against Excise Inspection appointments. The High Court subsequently dismissed the appeals as they were withdrawn on file after amendment applications were allowed.

What did the court decide?

Interlocutory applications for condonation of delay allowed; Letters Patent Appeals dismissed as withdrawn.

The State Of Bihar and Ors. Vs Shailendra Kumar… — Civil Procedure and Limitation | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Letters Patent Appeal No.977 of 2015

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Arising out of

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Civil Writ Jurisdiction Case No. 23043 of 2013

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

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The State of Bihar through the Principal Secretary Registration, Excise & Prohibition Department, Government of Bihar, Patna.

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The Excise Commissioner, Government of Bihar, Patna.

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The Deputy Secretary, Registration Excise & Prohibition Department, Government of Bihar, Patna.

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The Principal Secretary, General Administration department, Government of Bihar, Patna.

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The Principal Secretary, Finance Department, Govt. of Bihar, Patna.

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.... .... Appellants

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Versus

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Devendra Prasad son of late Yadunandan Prasad, resident of Dhira Chak, P.O.Anishabad, P.S.- Gardanibagh, District- Patna (presently posted as Excise Inspector, Muzaffarpur)

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Sanjive Kumar Thakur, son of Sri Haldhar Thakur, Resident of Hathi Chawk, Columbia Kothi, P.S.- Mithanpura, District-Muzaffarpur,(Presently posted as Excise Inspector Arwal)

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.... .... Respondents

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With

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

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Letters Patent Appeal No. 1006 of 2015

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Arising out of

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Civil Writ Jurisdiction Case No. 21799 of 2013

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

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The State of Bihar through the Principal Secretary, Department of Registration, Excise and Prohibition, Government of Bihar, Patna.

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The Secretary, General Administration Department, Government of Bihar, Patna.

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The Deputy Secretary, Department of Registration, Excise and Prohibition, Government of Bihar, Patna.

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The Excise Commissioner, Govt. of Bihar, Patna.

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.... .... Appellants

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Versus

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Sunil Kumar Singh, Son of Sri Sachidanand Singh, Resident of Village + PostManupur, P.S.- Dighwara, District- Chapra (Saran).

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The Chairman/ Member, Bihar Public Service Commission, Bihar, Patna.

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.... .... Respondents

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With

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

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Letters Patent Appeal No. 1329 of 2015

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Arising out of

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Civil Writ Jurisdiction Case No. 23056 of 2013

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

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The State of Bihar through the Principal Secretary, Registration, Excise and

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Patna High Court LPA No.977 of 2015 dt.14-09-2016

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2/3

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Prohibition Department, Government of Bihar, Patna.

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The Excise Commissioner, Government of Bihar, Patna.

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The Deputy Secretary, Registration Excise and Prohibition Department, Government of Bihar, Patna.

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The Principal Secretary, Genral Administration Department, Government of Bihar, Patna.

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The Principal Secretary, Finance Department, Government of Bihar, Patna.

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.... .... Appellants Versus

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Shailendra Kumar Chaudhary, son of Shri Sachidanand Chaudhary, resident of Village Patori P.O. patori Vasant, P.S.-Muro, District-Darbhanga (presently posted as Excise Inspector, Begusarai).

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Sunil Kumar Sinha, son of Late Ram Chandra Prasad, Resident of New Nawab Colony, Chchoti Delha, P.S.-Delha, District-Gaya (presently posted as Inspector of Excise/in charge Superintendent of Excise, Jamui)

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.... .... Respondents

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=========================================================== Appearance: (In LPA No.977 of 2015) For the Appellant/s : Mr. Harishankar Roy, AC to PAAG-I. For the Respondent/s : Mr. (In LPA No.1006 of 2015) For the Appellant/s : Mr. Harishankar Roy, AC to PAAG-I For the Respondent/s : Mr. (In LPA No.1329 of 2015) For the Appellant/s : Mr. Harishankar Roy, AC to PAAG-I For the Respondent/s : Mr.

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=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA

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and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT

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(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 14-09-2016

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Re: I.A. Nos. 4090 of 2015, 4201 of 2015 and 5804 of 2015 in L.P.A. Nos. 977 of 2015, 1006 of 2015 and 1329 of 2015 respectively.

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These applications are for condonation of delay of 120,

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121 and 121 days respectively in filing the Letters Patent Appeals.

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For the reasons mentioned in the Interlocutory applications, we are satisfied that the appellants have shown sufficient cause to seek condonation of delay of 120, 121 and 121

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Patna High Court LPA No.977 of 2015 dt.14-09-2016

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3/3

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days respectively in filing the Letters Patent Appeals.

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Consequently, Interlocutory Application Nos. 4090 of 2015, 4201 of 2015 and 5804 of 2015 are allowed and delay in filing the Letters Patent Appeals is condoned.

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Re: L.P.A. Nos. 977 of 2015, 1006 of 2015 and 1329 of 2015

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Learned counsel for the appellants wishes to withdraw the Letters Patent Appeal Nos. 977 of 2015, 1006 of 2015 and 1329 of 2015 for which I.A. Nos. 7203 of 2016, 7202 of 2016 and 7204 of 2016 respectively have been filed.

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Accordingly, the Letters Patent Appeals are dismissed

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as withdrawn.

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(Hemant Gupta, J.)

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(Ahsanuddin Amanullah, J)

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Mishra/-

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AFR/NAFR N.A.F.R. CAV DATE N.A. Uploading Date20.09.2016 Transmission Date

The State Of Bihar and Ors. v. Shailendra Kumar Chaudhary and Anr.

Case brief

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The State Of Bihar and Ors. v. Shailendra Kumar Chaudhary and Anr.

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