The High Court dismissed the Letters Patent Appeal. The appellant, who failed to obtain examination certificates from the Bihar School Examination Board after a 1984 exam, filed a writ petition 31 years late. The court held the matter barred by delay and dismissed the appeal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.149 of 2016 IN
Civil Writ Jurisdiction Case No. 13862 of 2014
=========================================================== Munna Kumar S/O Late Surya Mukha, resident of Mohalla- Purani Bazar, Mahraj Ganj, P.S.- Adampur, District- Siwan
.... .... Appellant/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Appellant/s : Mr. Bipin Bihari Singh, Advocate For the B.S.E.B. : Mr. Satyabir Bharti, Advocate Ms. Aparna Arun, Advocate Mr. Alok Chandra, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE) Date: 16-03-2017
Petitioner appeared in the Bihar School Examination Board Examination conducted in the year 1984 and after the examination results were declared, it is the case of the petitioner, the original mark-sheet and other certificates were not issued to him. He represented and when the representations did yield any result, he approached this Court by filing a writ petition after 31 years. Finding the petition to be hopelessly barred by the principles of delay and laches, the learned Writ Court dismissed the writ petition.
In doing so, the learned Writ Court has not committed
Patna High Court LPA No.149 of 2016 dt.16-03-2017
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any error warranting re-consideration. The petitioner having slept over more than 30 years and having not taken any action in accordance with law within a reasonable period of time, we see no reason to grant further indulgence in the matter after three decades.
Finding no grounds, the appeal stands dismissed.
(Rajendra Menon, CJ)
(Sudhir Singh, J)
K.C.jha/-
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| CAVDATE | N/A |
| UploadingDate | 18.03.2017 |
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1 issue framed by the court
Whether the Letters Patent Appeal was maintainable despite a delay of over 30 years in filing the original writ petition?
Munna Kumar
Bihar School Examination Board
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
