Lal Babu Baitha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2535 of 2016 ====================================================== Lal Babu Baitha son of Sri Girija Baitha Resident of Village- Dudhiyawa, Sareya, P.s Paharpur, District East Champaran. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

The Secretary Road Construction Department Govt. of Bihar, Patna. 3.

The Deputy Secretary(Vigilance) Road Construction Department , Govt. of Bihar, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhu Nath Pathak For the Respondent/s :

Mr.Aag6- Anjani Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-03-2019 Counsel for the petitioner submits that he would be approaching the Appellate Authority for disposal of his appeal which is admittedly pending as per averments made in para 10 of the counter affidavit filed on behalf of respondent No. 2. The petitioner be given liberty to approach the Appellate Authority . He submits that a direction should be given to dispose of the same within a specified time.

The records of the writ petition reveals that subsequent upon filing his appeal in the year 2012 the petitioner has not taken any steps by way of reminder or otherwise thereafter for having his pending appeal disposed. Apart from that the Appellate Authority before whom the appeal has been filed has not been made party to the writ petition. In the

Patna High Court CWJC No.2535 of 2016(2) dt.06-03-2019 2/2 circumstances, this Court would refrain from specifying any time frame.

The writ petition is disposed with the liberty as aforesaid, to approach respondent No. 2 for disposal of his pending appeal.

(Madhuresh Prasad, J) SNkumar/- U