The High Court of Patna condensed a 37-day delay in filing an appeal and set aside an impugned order dismissing a writ judgment without reasons. The appeal was remanded for fresh disposal.
Delay of 37 days condoned; impugned order set aside; writ petition remanded for fresh disposal by appropriate Bench.
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2 09-09-2016 I.A.No. 295 of 2016 has been filed by the appellant, under Section 5 of the Limitation Act, seeking condonation of delay of 37 days in preferring the present Letters Patent Appeal against the order, dated 03.08.2015 passed in C.W.J.C.No. 17139 of 2011.
Patna High Court LPA No.86 of 2016 (2) dt.09-09-2016
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Heard Mr. Ajay Kumar Thakur, learned Counsel for the appellant, and Mr. N.H.Khan, learned Standing Counsel No. I, appearing for the respondents.
Having considered the reasons assigned in the present petition seeking condonation of delay, in preferring appeal, and having heard the learned counsel for the parties, this Court is satisfied that the appellant was prevented by sufficient causes from preferring the appeal within time.
In view of the above, the delay of 37 days, in preferring the Letters Patent Appeal, is hereby condoned.
I.A.No. 295 of 2016 shall stand disposed of.
L.P.A.No. 86 of 2016:
This Letters Patent Appeal has been preferred against the order, dated 03.08.2015, passed in C.W.J.C.No. 17139 of 2011, which reads as follows:-
“Heard Sri Arun Kumar No.1, learned counsel for the petitioner and learned AC to SC No.18.
The writ petition stands dismissed.”
Having regard to the fact that the order, dated 03.08.2015, which stands impugned in this appeal, does not assign
Patna High Court LPA No.86 of 2016 (2) dt.09-09-2016
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any reason for dismissing the writ petition, the order, dated 03.08.2015, aforementioned is hereby set aside and the writ petition is remanded for disposal in accordance with law after hearing the parties.
This appeal is accordingly disposed of.
Let the writ petition (C.W.J.C.No. 17139 of 2011) be
listed before appropriate Bench as per the present roster.
(I.A. Ansari,CJ)
(Chakradhari Sharan Singh, J)
A.I./-
U
3 issues framed by the court
Whether the delay of 37 days in filing the Letters Patent Appeal should be condoned.
Whether the appeal bench should allow the Letters Patent Appeal.
Whether the impugned order dismissing the writ petition without assigning reasons should be set aside.
1 provisions across 1 enactments
M/s Pandey Saw Mill through its Proprietor Ajit Kumar Pandey
The State of Bihar
HONOURABLE THE CHIEF JUSTICE
CHAKRADHARI SHARAN SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
