Fulena Construction Pvt. Ltd., v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.46 of 2025 In Civil Writ Jurisdiction Case No.3840 of 2021 ====================================================== Fulena Construction Pvt. Ltd., through its Director, Shashi Singh, male, aged about 70 years, S/O- Late Ram Deo Singh, R/O- Mohalla- Sri Krishna Nagar, P.O and P.S- Begusarai Sadar, District- Begusarai, Pin-851101. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Water Resources Department, Sinchai Bhawan, old Secretariat, Government of Bihar, Patna. 2.

The Principal Secretary Water Resources Department, Sinchai Bhawan, old Secretariat, Government of Bihar, Patna.

3.

The Engineer-in-Chief, Flood Control and Drainage, Water resources Department Government of Bihar, Patna.

4.

The Chief Engineer, Flood control and Drainage, Water Resources Department, Katihar.

5.

The Superintending Engineer, Flood control circle, Bhagalpur. 6.

The Executive Engineer, Flood Control Division Naugachia. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Ranjan, Advocate.

For the Opposite Party/s :

Mr. Anjani Kumar, AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 21-04-2026 Re.: I.A. No. 01 of 2026 The present Interlocutory Application has been filed by the petitioner seeking condonation of delay of 885 days in preferring the present Civil Review No. 46 of 2025.

2. Upon consideration of the grounds stated in the application, we find that no cogent, convincing, or justifiable

Patna High Court C. REV. No.46 of 2025(5) dt.21-04-2026 2/3 explanation has been furnished for such prolonged delay. At this juncture, it is pertinent to take note of the decision rendered by the Hon'ble Supreme Court while deciding the case of Basawaraj V. Land Acquisition Officer, reported in (2013)14 SCC 81, wherein it was observed as follows:

"15. The law on the issue can be summarised to the effect that where a case has been presented in the court beyond limitation, the applicant has to explain the court as to what was the "sufficient cause" which means an adequate and enough reason which prevented him to approach the court within limitation. In case a party is found to be negligent, or for want of bona fide on his part in the facts and circumstances of the case, or found to have not acted diligently or remained inactive, there cannot be a justified ground to condone the delay. No court could be justified in condoning such an inordinate delay by imposing any condition whatsoever. The application is to be decided only within the parameters laid down by this Court in regard to the condonation of delay. In case there was no sufficient cause to prevent a litigant to approach the court on time condoning the delay without any justification, putting any condition whatsoever, amounts to passing an order in violation of the statutory provisions and it tantamounts to showing utter disregard to the legislature."

3. Accordingly, I.A. No. 01 of 2026 stands dismissed. Re : Civil Review No. 46 of 2025

4. Consequently, the present Civil Review application

Patna High Court C. REV. No.46 of 2025(5) dt.21-04-2026 3/3 is also dismissed.

(Sudhir Singh, J) ( Shailendra Singh, J) annu/Rajesh U