Dismissed¶42

Shanti Devi @ Shanti Kumari @ Santi Devi v. The State of Bihar

Patna HC7 Apr 2025L.P.A/474/2022

Case brief

AI extract

What is this about?

Patna High Court LPA No.474 of 2022 in CWJC No.7900 of 2021, decided 07-04-2025; coram Ashutosh Kumar, ACJ (author) and Partha Sarthy, J. Condonation of 164 days' delay in filing appeal; challenge to 2003 appointment of Respondent No. 8 (Ranju Kumari Sinha) as Aganwari Sevika raised in 2022; delay and laches in exercise of Article 226 writ jurisdiction; relies on State of Jammu and Kashmir vs R.K. Zalpuri and Ors; AIR 2016 SC 3006; Single Judge's refusal to entertain petition upheld; appeal dismissed. Appellant: Shanti Devi @ Shanti Kumari @ Santi Devi; counsel: Rajesh Kumar (appellant), Gyan Prakash Ojha, GA-7 (respondents).

What did the court decide?

Condonation of 164 days' delay in filing the appeal (I.A. No. 1 of 2022 allowed); no substantive relief to the appellant, appeal dismissed. ¶42

Shanti Devi @ Shanti Kumari @ Santi Devi Vs The State… — Writ and Judicial Review | Patna HC (2025)

What the court decided

AI extract

Outcome

Condonation of 164 days' delay in filing the appeal (I.A. No. 1 of 2022 allowed); no substantive relief to the appellant, appeal dismissed.

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Issue for consideration

Whether the learned Single Judge erred in refusing to entertain the writ petition challenging the 2003 appointment of Respondent No. 8 as Aganwari Sevika, the challenge having been made in 2022, i.e., after a delay of approximately 20 years. +1 more

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Court's answer

For a delay of approximately 20 years in agitating against the 2003 appointment, the learned Single Judge rightly refused to entertain the petition; the Division Bench does not hold any different view, endorsing the principle (from State of Jammu and Kashmir vs R.K. Zalpuri) that a court exercising Article 226 jurisdiction may dismiss a petition filed after unexplained delay and laches.

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Ratio / Principle

The delay of 164 days in preferring the appeal is condoned for the reasons stated in the application, and I.A. No. 1 of 2022 stands allowed.

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Key takeaways

The appeal is without merits and stands dismissed.ratio¶41-42

Detailed headnote1 paragraphs

Letters Patent Appeal (Patna High Court, LPA No.474 of 2022 in CWJC No.7900 of 2021; decided 07-04-2025) against the learned Single Judge's refusal to entertain a writ petition challenging the appointment of Respondent No. 8 as Aganwari Sevika, an appointment made sometime in 2003, challenged only in 2022. The delay of 164 days in preferring the appeal itself was condoned. Relying on State of Jammu and Kashmir vs R.K. Zalpuri and Ors; AIR 2016 SC 3006, the Division Bench (coram: Acting Chief Justice Ashutosh Kumar and Partha Sarthy, J; judgment per the Acting Chief Justice) held that a court exercising jurisdiction under Article 226 of the Constitution of India may dismiss a petition invoking that jurisdiction after unexplained delay and laches; for the delay of approximately 20 years in agitating the matter, the Single Judge had rightly refused to entertain the petition. Holding no different view, the Bench found the appeal without merits and dismissed it.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.474 of 2022 In

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Civil Writ Jurisdiction Case No.7900 of 2021

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Shanti Devi @ Shanti Kumari @ Santi Devi W/o- Ram Vijay Singh@Vijay Yadav, Resident of Village- Dhindhaur Bigha, Police Station- Belaganj, District- Gaya.

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... ... Appellant/s

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Versus

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The State of Bihar through Principal Secretary, Social Welfare Department, Patna.

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The Divisional Commissioner Magadh Commissionary Gaya.

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The District Magistrate, Gaya.

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The District Program Officer, Gaya.

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The Block Development Officer, Belaganj, Gaya.

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The CDPO Belaganj, Gaya.

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Sri Suresh Yadav, the then Mukhiya cum- Chairman of the Aam Savbha dated 18.06.2003, Dhindhaur Bigha, Bajitpur Panchayat, Belganj, Gaya.

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Ranju Kumari Sinha, wife of Santosh Kumar, resident of Village- Dhindhaur Bigha, Police Station- Belaganj, District- Gaya.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Rajesh Kumar, Advocate For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7

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====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

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Date : 07-04-2025

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Re.- I.A. No. 1 of 2022:

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Mr. Rajesh Kumar, the learned Advocate for the

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appellant/applicant presses the afore-noted interlocutory application for condoning the delay of 164 days in

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Patna High Court L.P.A No.474 of 2022 dt.07-04-2025 2/3

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preferring this appeal.