State of Bihar appealed an order after a delay of about 1132 days. The court found the delay-condonation application lacked sufficient cause, with no explanation for most of the period except COVID-19, and rejected the application, leading to dismissal of the appeal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.516 of 2021 In
Civil Writ Jurisdiction Case No.19980 of 2016
======================================================
... ... Appellants.
Versus
... ... Respondents.
====================================================== Appearance : For the Appellants : Mr. Krishna Kant Singh (A.C to S.C.10). For the Respondents : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
4 25-11-2024 I.A. No.2 of 2021:
Heard I.A. No.2 of 2021 for condonation of a delay of
about 1132 days in filing the present L.P.A. No.516 of 2021.
2. The reasons for condonation of a delay are narrated
in paragraphs-2 to 8 of I.A. No.2 of 2021.
Patna High Court L.P.A No.516 of 2021(4) dt.25-11-2024 2/2
3. Perusal of the aforementioned paragraphs,
sufficient cause has not been shown like dates and events. Except two dates of the year 2020 and 2021 and it is in respect of COVID-19 Pandemic, nothing has been narrated. COVID-19 period could have been condoned from March, 2020 till filing of the appeal in the year 2021. However, there is no explanation from 18.07.2018, the date on which cause of action is accrued for filing the appeal in February, 2020. In the absence of sufficient cause, such enormous delay cannot be condoned.
4. Accordingly, I.A. No.2 of 2021 stands rejected.
5. Resultantly, the present L.P.A. No.516 of 2021 stands dismissed. Pending Interlocutory Application(s), if any, stands disposed of.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
P.S./-
U
1 issue framed by the court
Should a delay of about 1132 days in filing the LPA be condoned for want of sufficient cause?
The State of Bihar through the Principal Secretary, Department of Social Welfare
The Principal Secretary, Department of Social Welfare, Government of Bihar, Patna
The Special Secretary, Department of Social Welfare, Government of Bihar, Patna
The Joint Secretary, Department of Social Welfare, Government of Bihar, Patna
Smt. Pratima Singh
The Chief Controller of Accounts, Finance (Audit) Department, Government of Bihar
P. B. Bajanthri
S. B. Pd. Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
