The Patna High Court, in a Letters Patent Appeal, condoned a delay of 397 days and dismissed the appeal. The court held that sufficient cause existed for the delay and affirmed the impugned order dismissing the original writ petition.
Delay of 397 days condoned; Letters Patent Appeal dismissed.
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. 859 of 2015
Arising out of Civil Writ Jurisdiction Case No. 18990 of 2013 Along with
Interlocutory Application No. 3618 of 2015
===========================================================
.... .... Petitioner/s Appellant/s
.... ....Writ Petitioners Respondents 2nd Set
=========================================================== Appearance : For the Appellant/s : Mr. Md. Anis Akhtar & Mr. Mahtab Alam, Advocates For the State : Mr. Rajesh Kumar, A.C. to G.P. 3 For the B.S.S.C. : Mr. K. K. Upadhyay & Mr. C. B. Das, Advocates =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and
Patna High Court LPA No.859 of 2015 dt.10-08-2016
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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 10-08-2016
Re.: Interlocutory Application No. 3618 of 2015 The application is for condonation of delay of 397 days in filing of the appeal.
For the reasons mentioned in the application, we find that sufficient cause is disclosed for condonation of delay. Consequently, the delay of 397 days in filing of the appeal is condoned.
Interlocutory Application stands disposed off
accordingly.
Re.: Letters Patent Appeal No.859 of 2015
Learned counsel for the appellants points out that the writ application was decided in the light of the judgment passed in C.W.J.C. No.17899 of 2012 on 15th of January, 2014. On the same day, C.W.J.C. No.16969 of 2013 was also decided in the light of the judgment in C.W.J.C. No.17899 of 2012. Letters Patent Appeal No.1491 of 2014 arising out of C.W.J.C. No.16969 of 2013 stands decided by a Division Bench of this Court on 24th of March, 2015. The order passed by the learned Single Bench stands affirmed by the Letters Patent Appeal.
Therefore, for the reasons recorded in the order dated
Patna High Court LPA No.859 of 2015 dt.10-08-2016
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24th March, 2015 passed in L.P.A. No.1491 of 2014, the present Letters Patent Appeal is also dismissed.
(Hemant Gupta, J.)
(Ahsanuddin Amanullah, J.)
Anand Kr. AFR/NAFR CAV DATE Uploading Date Transmission Date
2 issues framed by the court
Whether the delay of 397 days in filing the appeal is condonable for sufficient cause.
Whether the letters patent appeal arising out of an affirmed single bench order deserves concessio.
Bibi Kausar Jahan and others
The State of Bihar
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
