The Patna High Court dismissed a writ petition seeking extension of time to file an appeal. The Court refused to extend the limitation despite the petitioner's application filed five years after the original order.
Liberty given to file an appeal; statutory extension of time denied.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2195 of 2017
=========================================================== Sanjay Kumar Singh Son of late Rabindra Singh Resident of Village- Ratan Chak, P.S. Mirganj, Block Office- Hathua, District- Gopalganj.
.... .... Petitioner/s
Versus 1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Satya Ranjan Sinha, Adv. Ms. Seema Kumari, Adv. For the Respondent/s : Mr. Sanjay Kr. Giri, GP-9
=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 09-05-2017
Heard learned counsel for the parties.
Earlier the petitioner had moved before this Court in C.W.J.C. No. 3696 of 2011 which was disposed of with a liberty to file an appeal within a period of four weeks before the appellate authority but, till date, the petitioner has not filed the same and, After five years, the present writ application has been filed for extension of time.
This Court is not inclined to extend the time. However, liberty is given to the petitioner to file an appeal and the appellate authority, if so advised, will pass an order in accordance with law.
With the aforementioned observation, this application is
Patna High Court CWJC No.2195 of 2017 dt.09-05-2017
2
disposed of.
(Shivaji Pandey, J)
Rishi/-
AFR/NAFR NAFR CAV DATE NA Uploading Date10.05.2017 Transmission NA Date
1 issue framed by the court
Whether the Court should extend the limitation period for filing an appeal given the delay exceeds five years.
Sanjay Kumar Singh
The State of Bihar
The District Magistrate, Gopalganj
The District Supply Officer, Gopalganj
The Sub Divisional Officer, Hathua, Gopalganj
The Block Supply Officer, Hathua, Gopalganj
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
