Dismissed

Krishna Kumar Sinha and Ors. v. The State Of Bihar and Ors.

Patna HC24 Jun 2016L.P.A/584/2015

Case brief

AI extract

What is this about?

This Letters Patent Appeal dealt with condonation of delay and the maintainability of a challenge to a writ order that granted liberty to file fresh applications regarding promotion/merger benefits. The apex court condensed the delay but dismissed the appeal, holding the observations did not adjudicate rights.

What did the court decide?

Condonation of delay allowed in Letters Patent Appeal; Letters Patent Appeal dismissed.

Krishna Kumar Sinha and Ors. Vs The State Of Bihar and… — Service and Employment | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Letters Patent Appeal No.584 of 2015 Arising out of

¶3

Civil Writ Jurisdiction Case No. 16462 of 2012 Along with

¶4

Interlocutory Application No.2576 of 2015

¶5

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

¶6

Krishna Kumar Sinha, son of Sri Rajendra Pd. Sinha, resident of Premanjali, Dr. Narayan Pd. Lane, P.S.- Sultanganj, District-Patna. At present posted as officiating D.F.O., Bhagalpur.

¶7

Raj Kumar Jha, son of Late Sri Sushil Chandra Jha, resident of New Colony, Khaja Sarai, P.S.- Bahadurpur, District- Darbhanga. At present posted as Fisheries Extension Officer, Deputy Director Fisheries Office, Laheriya Sarai, Darbhanga.

¶8

Prem Kumar Sinha, son of Late Sarjoo Pd. Sinha, resident of village- Nayatola, P.S.-Danapur, District- Patna. At present posted as D.F.O., Director Fisheries office, A- Block, officers Flats, Bailey Road, Patna.

¶9

Shailesh Kumar Singh, son of Late Rameshwar Pd. Singh, resident of 203, Anand Palace, New P.P. Colony, Patna-13. At present posted as Assistant Director, Fisheries (Research), Mithapur, Patna.

¶10

Rajnish Kumar Sinha, son of Shree Digamber Prasad Sinha, resident of VillageChandipur, P.O.- Makanpur, P.S.- Warisaliganj, District- Nawadah. At present posted as Officiating D.F.O., posted at D.D.F. office, Bhagalpur.

¶11

Ajay Kumar, son of Late Awadhesh Kumar, resident of New Punai Chak, Harijan Thana Gali, Boring Canal Road, Patna-23, At present posted as D.F.O. cum Chief Executive Officer, Madhubani.

¶12

Siya Sharan Singh, son of Ramdahin Singh, Resident of Mohalla- Mainpura, P.S.- Patliputra, District- Patna. At present posted as D.F.O., Kako Road, Jehanabad.

¶13

.... .... Respondents-Appellant/s

¶14

Versus

¶15

The State of Bihar.

¶16

The Principal Secretary, Department of Animal and Fish Resources (Fisheries), Govt. of Bihar, Patna.

¶17

The Director, Fisheries, Govt. of Bihar, Patna.

¶18

The Joint Director, Fisheries, Mithapur, Patna.

¶19

… Respondents / Respondents 1^st Set.

¶20

Shambhu Kumar, son of Sri Banaras Prasad, resident of Mohalla- Jalalpur, P.S.Sohsarai, Dstrict- Nalanda at Bihar Sharif.

¶21

Nutan, wife of Mr. Ashok Kumar Thakur, resident of C-56, Srikrishnapuri, P.S.- Srikrishnapuri, District- Patna.

¶22

Sanat Kumar Singh, son of Sri Upendra Prasad Singh, resident of C/o Santosh Singh, near Church, Colony No.2, P.S.- Katihar, District-Katihar.

¶23

Bhartendu Jaiswal, son of Sri Birendra Pd. Jaiswal, resident of villageMaheshipur, P.S.- Pipra Bazar, District- Supaul.

¶24

Shambhu Prasad Nayak, son of Sri Ram Bilas Nayak, resident of C/o Jagdish Niwas, A/13, A.G. Colony, Keshrinagar, P.S.- Rajiv Nagar, District-Patna.

¶25

Rajiv Ranjan Kumar Singh, son of Dr. Kapileshwar Prasad Singh, resident of Arpana Bank Colony, Phase-II, Ramjaipal Nagar, New Bailey Road, P.S.Rupaspur, District- Patna.

¶26

Pramod Bhagat, son of sri Ram Kumar Bhagat, resident of Annapurna Vihar

¶27

Patna High Court LPA No.584 of 2015 dt.24-06-2016

¶28

2/3

¶29

Apartment, Flat No. 304, Ved Nagar, near Vijay Nagar, Bailey Road, P.S.Rupaspur, District- Patna.

¶30

Manish Srivastava, son of Late Dr. M.P. Srivastava, resident of Rajiv Nagar, Adhivakta Nagar, P.S.- Gopalganj, District- Gopalganj.

¶31

Pradip Kumar , son of Sri Dinesh Chandra Singh, resident of village- Pratap Tand, P.S.- Vaishali, District- Vaishali.

¶32

Tun Tun Singh, son of Ram Udyog Singh, resident of village- Raghauli, P.S.Kamtaul, District- Madhubani.

¶33

Anita Kumari, wife of Sri Manoj Kumar, resident of Flat No. 203, Yaduvir Regency, Shekhpura, P.S.- Shastri Nagar, District- Patna.

¶34

.... .... Petitioners- Respondents 2^nd Set.

¶35

=========================================================== Appearance : For the Appellants : Mr. Dhananjay Kumar, Advocate Mr. Sunil Prasad, Advocate For the Respondents-State : Mr. M. K. Ambastha, G. P. -14 Mr. Sanjay Kumar Pandey, A.C. to G.P.-14

¶36

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

¶37

And

¶38

HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

¶39

ORAL JUDGMENT

¶40

(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA)

¶41

Date: 24-06-2016

¶42

Re.: Interlocutory Application No.2576 of 2016

¶43

The application is for condonation of delay of 1 year

¶44

and 26 days in filing of the present Letters Patent Appeal.

¶45

For the reasons mentioned in the application, we find that sufficient cause is made out for condonation of delay. Consequently, we condone the delay in filing of the present Letters Patent Appeal.

¶46

Interlocutory Application stands allowed accordingly.

¶47

Re.: Letters Patent Appeal No.584 of 2015

¶48

The order dated 7^th of January, 2014 passed by the

¶49

Patna High Court LPA No.584 of 2015 dt.24-06-2016

¶50

3/3

¶51

learned Single Judge of this Court is subject matter of challenge in the present Letters Patent Appeal. Though the writ application was dismissed but it was observed that the petitioners can file a fresh application challenging the promotion or merger, whatever it is of persons who had been given benefit in the year 1995.

¶52

The grievance of the appellants is that in terms of such liberty, stale claims have been permitted to be raised which affects the rights of the appellants.

¶53

There is no adjudication of any right in the order under appeal. If the writ applicants take any action to challenge the promotion/merger, it shall be open to the appellants to raise all pleas, including the delay and laches, which shall be considered by the Court hearing the matter in accordance with law.

¶54

With the aforesaid observation/direction, the Letters Patent Appeal stands dismissed.

¶55

(Hemant Gupta, J.)

¶56

(Ahsanuddin Amanullah, J.)

¶57

Sunil/-

¶58

AFR/NAFR
CAVDATE	N.A.
Uploading Date	28.06.2016
Transmission Date

Krishna Kumar Sinha and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Krishna Kumar Sinha and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Nasrin Begum Vs The State Of Bihar and Ors.

Subhchandra Mishra Vs The State Of Bihar and Ors.

Rajeev Kumar Vs The State Of Bihar and Ors.

Kamlesh Kumar Rai Vs The State Of Bihar and Ors.

Ashok Kumar Singh and Ors. Vs The Union Of India and Ors.

Chandan Kumar Jha and Anr. Vs The State Of Bihar and Ors.