The State Of Bihar v. Vidya Devi
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.47 of 2020 In Civil Writ Jurisdiction Case No.273 of 2018 ====================================================== 1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.
The Principal Secretary, Education Department, Government of Bihar, Patna 3.
The Director, Higher Education, Education Department, Government of Bihar, Patna 4.
The District Education Officer, Vaishali at Hajipur, District- Vaishali at Hajipur 5.
The Treasury Officer, Vaishali at Hajpur, District- Vaishali at Hajipur ... ... Appellant/s
Versus
Vidya Devi Wife of Late Chandradeo Singh, Resident of Village- Amrour, P.s.- Singhoul, District- Begusarai ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Prabhakar Jha, G.P. 27 Mr.Mukund Mohan Jha, AC to GP 27 For the Respondent/s :
Mr. S.B.K. Manglam, Advocate Mr.Awnish Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 04-09-2021 I.A. No.2 of 2020 The instant Interlocutory Application has been filed for condonation of delay of 216 days in filing the present appeal.
Without application of mind, in a stereo type
2/5 manner, the application has been prepared, bereft of material facts and particulars, explaining each day's delay. Relevant portions of the application are reproduced as under:-
3. That after receiving the document the Joint Director (Secondary Education) sent the file to the Director, Secondary Education on 10.07.2019 for the legal
3/5
4/5 As such, we do not find any reason, sufficient enough to condone the delay, for each day's delay has not been explained, much less sufficiently explained by the appellants. The delay of 216 days in filing the appeal remains unexplained. As such, Interlocutory Application No. 1 of 2020 stands dismissed.
Re: L.P.A. No. 47 of 2020 Appellants lay challenge to the impugned judgment/order dated 07.05.2019 passed by a learned Single
5/5 Judge of this Court in CWJC No. 273 of 2018, titled as Vidya Devi Vs. The State of Bihar & Ors.
In any event, we see no reason to interfere, much less by the State Government for the matter already stood settled before the Lok Adalat inter se the private parties with regard to the retiral benefits of the husband of the writ petitioner. In view of dismissal of the Interlocutory Application No. 1 of 2020, the instant Letters Patent Appeal also stands dismissed.
Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- U