Arjun Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1726 of 2018 In Civil Writ Jurisdiction Case No.13176 of 2013 ====================================================== Arjun Prasad Son of Late Bulkan Prasad Resident of village- Bhadalu, P.S.- Nagarnaura and District-Nalanda ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

District Magistrate Nalanda at Bihar Shariff 3.

The Certificate Officer, Nalanda, At Bihar Shariff 4.

The Executive Officer, Bihar Panchayati Raj Financial Corporation Ltd. Nalanda at Bihar Shariff ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Dr. Anjani Pd. Singh, Adv.

For the Respondent/s :

Mr.P.N.Shahi -Aag6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-02-2020 Re: I.A. No.01 of 2019 Heard learned counsel for the appellant and learned counsel for the respondents.

The appeal is reported to be delayed by 84 days. We have considered the affidavit filed in support of the delay condonation application and we find that sufficient cause has been shown to condone the delay in filing the appeal. The delay is condoned and the appeal shall be treated to be within time.

Patna High Court L.P.A No.1726 of 2018(3) dt.17-02-2020 2/3 I.A. No.01 of 2019 stands allowed accordingly. Re: L.P.A. No.1726 of 2018 This appeal filed on 12.12.2018 is listed for hearing for the first time today before this Court.

The instant appeal has been preferred against the judgment dated 20.08.2018 passed by a learned Single Judge of this Court in C.W.J.C. No.13176 of 2013, titled as Arjun Prasad Vs. The State of Bihar & Ors.

After the matter was heard for some time, learned counsel for the appellant contends that appellant shall be content, if a direction is issued to the Certificate Officer to consider and decide the appellant's petition, in terms of the direction issued by the learned Single Judge, within a stipulated period of time.

We see no difficulty in accepting such request, and as such, the appeal is disposed of with a direction to the authority i.e. the Certificate Officer to consider and decide the appellant's request expeditiously and preferably within a period of six months from the date of receipt/production of the representation along with a copy of this order.

Needless to say that while considering such request, principles of natural justice shall be followed and due

Patna High Court L.P.A No.1726 of 2018(3) dt.17-02-2020 3/3 opportunity of hearing afforded to the parties. If aggrieved by the said order, the appellant shall have liberty to approach statutory Appellate Authority, if so required and desired.

(Sanjay Karol, CJ) ( S. Kumar, J) pallavi/- U