Appellant challenged a Single Judge order dismissing his writ petition against a 2013 departmental dismissal as barred by delay and laches. The Division Bench found he had slept over the matter for about a decade without explanation, held no case for interference was made out, condoned the filing delay but dismissed the appeal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.411 of 2024 In
Civil Writ Jurisdiction Case No.8175 of 2023
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Raghunath Sharma Son of Late Awadh Sharma Resident of Village Rusulpur, Police Station.Ahiyapur, District- Muzaffarpur.
... ... Appellant/s
Versus
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Sri Krishna Ranjan, Advocate For the Respondent/s : Mr.Anil Kr. Verma, Ac to Aag9
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CORAM: HONOURABLE THE CHIEF JUSTICE
and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 14-10-2025
Re:I.A. No. 01 of 2024
Patna High Court L.P.A No.411 of 2024(4) dt.14-10-2025 2/3
Appellant has assailed the order of learned Single Judge dated 12.02.2024 passed in CWJC No. 8175 of 2023.
that appellant has slept over the matter with reference to order of dismissal issued in the year 2013 for about a decade. In this regard, learned Single Judge has taken note of issue of delay and referred certain judgments in Para 7. Para 7 of learned Single Judge order reads as under:-
“7. Considering the facts and circumstances of the case and for the reasons mentioned hereinabove in the preceding paragraphs, this Court finds that the present writ petition is fit to be dismissed on the ground of delay and latches alone inasmuch as the petitioner has approached this Court belatedly after an enormous delay of 10 years. Thus considering the principles laid down by the Hon’ble Apex Court in a catena of judgments, as referred to herein above in the preceding paragraphs, as also considering the maxim- “equity aids the vigilant and not those who slumber on their rights”, this Court is of the view that since the petitioner has not filed the present writ petition within a reasonable period of time, this Court is not under any legal obligation to entertain the writ petition, especially considering the fact that the petitioner has not offered any reason whatsoever, for the enormous delay which has taken place in approaching this Court, hence, the present writ petition is dismissed on the ground of delay and
Patna High Court L.P.A No.411 of 2024(4) dt.14-10-2025 3/3
latches.”
disposed of.
(P. B. Bajanthri, CJ)
( Alok Kumar Sinha, J)
abhishekkr/-
U
1 issue framed by the court
Whether the Division Bench should interfere with the Single Judge's dismissal of the writ petition on the ground of delay and laches in challenging a 2013 dismissal order.
Raghunath Sharma
The State of Bihar through its Principal Secretary, Department of Health Medical Education and Family Welfare
The Director-in-Chief, Health Services, Government of Bihar
The Superintendent, Sri Krishna Medical College and Hospital, Muzaffarpur
The Administrative Officer, Sri Krishna Medical College and Hospital, Muzaffarpur
The Medical Officer (Store), Sri Krishna Medical College and Hospital, Muzaffarpur
P. B. Bajanthri
Alok Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
