The State Of Bihar v. M/S Sah Saw Mill

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.196 of 2021 In Civil Writ Jurisdiction Case No.13333 of 2017 ====================================================== 1.

The State of Bihar through Principal Secretary, Forest Department, Government of Bihar, Patna.

2.

The Chief Conservator Forest Department, Patna. 3.

The Regional Chief Conservator Forest Department, Patna. 4.

The Conservator of Forest, Forest Department, Circle Siwan. 5.

The District Forest Officer, Motihari Forest Division, East Champaran. 6.

The Range Officer, Forest Department Areraj, East Champaran. 7.

The District Magistrate, East Champaran.

... ... Appellant/s

Versus

M/s Sah Saw Mill Through Mohan Prasad, Son of Late Ram Ayodhya Prasad, Resident of Village - Parsauni Kapoor, P.S. Patahi, District - East Champaran, at present resident of Village - Sikandarpur, P.S. - Sangrampur, District - East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ravi Kumar, Advocate Mr. Sarvesh Kumar Singh, AAG 13 For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 01-07-2025 Re : I.A. No. 2 of 2021 Heard I.A. No. 2 of 2021 filed for condonation of delay of about 1128 days in filing the present LPA No. 196 of 2021.

2. Sufficient cause has not been shown so as to condone the enormous delay of about 1128 days. It is a State

Patna High Court L.P.A No.196 of 2021(6) dt.01-07-2025 2/2 LPA. They are well aware that within what time limit they have to present the LPA. In identical circumstances the Hon'ble Supreme Court in the case of State of Madhya Pradesh vs. Ramkumar Choudhary reported in 2024 SCC OnLine SC 3612 held that belated litigation filed on behalf of the State is deprecated while imposing cost of Rs. 1 lakh. The same principle is applicable in the present case.

3. Accordingly, I.A. No. 2 of 2021 stands rejected, resultantly, LPA No. 196 of 2021 stands dismissed with cost of Rs. 5,000/- (Rupees Five Thousand). Cost shall be remitted in the Lawyer's Association Welfare Benevolent Fund, Indian Bank, Branch - LNMI, Bailey Road, Patna, IFSC No. IDIB000L501 having Bank Account No. - 7801893276 within a period of eight weeks from today.

4. Pending I.A., if any, stands disposed of.

(P. B. Bajanthri, J) (S. B. Pd. Singh, J) GAURAV S./- U