This an order by the Patna High Court bench dismissing an I.A. for condonation of delay in a Letters Patent Appeal. The Court found the delay unexplained and dismissed the appeal, noting the underlying matter settled at Lok Adalat.
Interlocutory Application No.1 of 2020 and Letters Patent Appeal No.47 of 2020 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.47 of 2020 In
Civil Writ Jurisdiction Case No.273 of 2018
======================================================
... ... Appellant/s
Versus
Vidya Devi Wife of Late Chandradeo Singh, Resident of Village- Amrour, P.s.- Singhoul, District- Begusarai
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Prabhakar Jha, G.P. 27 Mr.Mukund Mohan Jha, AC to GP 27 For the Respondent/s : Mr. S.B.K. Manglam, Advocate Mr.Awnish Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon’ble the Chief Justice/Hon’ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)
2 04-09-2021 I.A. No.2 of 2020
The instant Interlocutory Application has been filed
for condonation of delay of 216 days in filing the present appeal.
Without application of mind, in a stereo type
Patna High Court L.P.A No.47 of 2020(2) dt.04-09-2021 2/5
manner, the application has been prepared, bereft of material facts and particulars, explaining each day’s delay.
Relevant portions of the application are reproduced
as under:-
Patna High Court L.P.A No.47 of 2020(2) dt.04-09-2021
3/5
Patna High Court L.P.A No.47 of 2020(2) dt.04-09-2021 4/5
As such, we do not find any reason, sufficient enough to condone the delay, for each day’s delay has not been explained, much less sufficiently explained by the appellants.
The delay of 216 days in filing the appeal remains unexplained. As such, Interlocutory Application No. 1 of 2020 stands dismissed.
Re: L.P.A. No. 47 of 2020
Appellants lay challenge to the impugned judgment/order dated 07.05.2019 passed by a learned Single
Patna High Court L.P.A No.47 of 2020(2) dt.04-09-2021 5/5
Judge of this Court in CWJC No. 273 of 2018, titled as Vidya Devi Vs. The State of Bihar & Ors.
In any event, we see no reason to interfere, much less by the State Government for the matter already stood settled before the Lok Adalat inter se the private parties with regard to the retiral benefits of the husband of the writ petitioner.
In view of dismissal of the Interlocutory Application No. 1 of 2020, the instant Letters Patent Appeal also stands dismissed.
Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-
U
2 issues framed by the court
Whether the Interlocutory Application for condonation of delay should be allowed.
Whether the Letters Patent Appeal against the single Judge's order should be allowed.
State of Bihar and Others
Vidya Devi
HONOURABLE THE CHIEF JUSTICE
S. KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
