In a letters patent appeal, the Patna High Court upheld the dismissal of a writ petition by the Writ Court, which rejected a challenge to a pre-emption order due to an inordinate delay of 20 years.
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.2373 of 2016 In
Civil Writ Jurisdiction Case No. 9700 of 2015
======================================================
.... .... Appellants / Petitioners
Versus
.... .... Respondents / Respondents.
====================================================== Appearance:
For the Appellant/s : Mr. Dr. Om Prakash Om, Advocate.
For the Respondent/s : Mr. Md.Khurshid Alam, AAG 12.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 11-05-2017 Challenging an order dated 25.11.2016 passed in Writ Petition being CWJC No. 9700/2015, this appeal has been filed under Clause 10 of the Letters Patent.
Before the Writ Court, an order dated 17.06.1995 passed by the D.C.L.R. in Pre-emption Case No. 7 of 1994-95 was challenged after 20 years and finding that the inordinate and unexplained delay of 20 years in filing the Writ Petition and challenging the order passed on 17.06.1995, the learned Writ
Patna High Court LPA No.2373 of 2016 (4) dt.11-05-2017
2/2
Court has dismissed the Writ Petition. In doing so, we are of the
considered view that the Writ Court has not committed any error.
The appeal is, therefore, dismissed.
(Rajendra Menon, CJ)
(Sudhir Singh, J)
Dilip, AR
U
1 issue framed by the court
Whether the appellate court committed any error in dismissing the writ petition filed after a delay of 20 years.
Yogendra Sahni
Hem Narayan Sahni
The State of Bihar
The District Magistrate, East Champaran
HONOURABLE THE CHIEF JUSTICE
MR. JUSTICE SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
