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Patna High CourtMJC/362/2020disposed

Shailendra Kumar v. District Magistrate, Patna

2020-03-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.362 of 2020 In Civil Writ Jurisdiction Case No.11233 of 2019 ====================================================== Shailendra Kumar S/o Sri Mathura Prasad, Resident of Daya Chak, ward no. 2, Barh, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

1.

District Magistrate, Patna Patna Collectoriate, Patna. 2.

Senior Superintendent of Police, Patna District-Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Sheo Shankar Prasad (Sc 8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-03-2020 The present petition has been filed for modifying the order dated 16.7.2019 passed by this Court in CWJC No. 11233 of 2019 to the extent that time granted to the petitioner to file the appropriate appeal i.e. four weeks be extended inasmuch as the petitioner could not file the appropriate appeal on account of his illness.

Having regard to the facts and circumstances of the case and the averments made in the present petition, I deem it fit and proper to extend the time granted by this Court vide order dated 16.7.2019 by a further period of three weeks from today. It is clarified that in case, no appeal is filed within a period of three weeks from today, the appellate authority shall thereafter also consider the issue of limitation. However, in case,

Patna High Court MJC No.362 of 2020(2) dt.04-03-2020 2/2 an appeal is filed within a period of three weeks from today, the appellate authority shall examine the same on merits. The present petition stands disposed of with the aforesaid modification in the order dated 16.7.2019 passed in CWJC No. 11233 of 2019.

(Mohit Kumar Shah, J) Ajay/- U