The Patna High Court dismissed the writ petition against an appellate order rejecting an appeal on grounds of delay. The court held that Article 226 jurisdiction is not to be invoked when alternative remedies exist, especially where the petitioner was not diligent within the extended limitation period.
The writ petition is 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 Civil Writ Jurisdiction Case No.4362 of 2024
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M/s Vikash Int Udyog through its Proprietor Basudeo Ray, Male, aged about 51 Years, Son of Sukhdev Rai alias Sukhdeo Yadav, Resident of VillageAgnya, P.S.-Gorea Kothi, District- Siwan.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance :
For the Petitioner/s : None For the Respondent/s : Mr. Vikash Kumar, SC. 11 For the P.N.B. : Mr. Mritunjay Kumar, Advocate Mr. Vibhuti Kumar, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 12-03-2024
None appears for the petitioner.
Patna High Court CWJC No.4362 of 2024 dt.12-03-2024 2/2
reasons within a further period of one month.
(K. Vinod Chandran, CJ)
(Harish Kumar, J)
P.K.P./-
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| Uploading Date | 13.03.2024 |
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2 issues framed by the court
Whether the High Court should exercise extraordinary jurisdiction to condone delay in filing the appeal.
Whether the petitioner's failure to avail alternate remedies within the stipulated time justifies dismissal of the writ petition.
2 provisions across 2 enactments
M/s Vikash Int Udyog through its Proprietor Basudeo Ray
The State of Bihar
The Commissioner, State Taxes, Bihar
The Assistant Commissioner, State Taxes
The Additional Commissioner, State Taxes
The Branch Manager, Punjab National Bank Chhitauli
Chief Justice
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
