Tarkeshwar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1212 of 2013 IN Civil Writ Jurisdiction Case No. 14404 of 2013 ===========================================================

1. Tarkeshwar Prasad Son of Late Achhelal Chaudhary Resident of Mohalla- Khuda Nagar, Dhanurganj Road, Motihari, Police Station- Chhatauni, District- East Champaran, Motihari .... .... Petitioner...... Appellant

Versus

1. The State of Bihar

2. The Chief Secretary, Government of Bihar, Patna

3. The Chairman, Press Council of India, New Delhi

4. The Resident Editor, Dainik Hindustan, Searchlight Building, Patna- 800001

5. The Editor, Samkalin Tapman, Atma Katha Parishar, Sinha Library Road, Patna .... .... Respondents .... .... Respondents =========================================================== Appearance :

For the Appellant/s : Mr. Mahasweta Chatterjee, Adv. Mr. Ram Nibash Prasad, Adv.

Mr. Samir Kumar Sinha, Adv.

For the Respondent/s =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 13-01-2017 Re.: Interlocutory Application No.6877 of 2013 The application is for condonation of delay of 352 days in filing of the present Letters Patent Appeal. For the reasons mentioned in the application, we find that sufficient cause is made out for condonation of delay. Consequently, we condone the delay in filing of the present Letters Patent Appeal.

Interlocutory Application stands allowed accordingly.

Patna High Court LPA No.1212 of 2013 dt.13-01-2017 2/2 Re:. Letters Patent Appeal No. 1212 of 2013.

The petitioner is aggrieved against an order passed by the learned Singh Bench on 6th of July, 2012 whereby the writ application was dismissed as infructuous.

The appellant is aggrieved against the publication of news whereby he was stated to be defeated candidate in an election of Motihari Assembly Constituency conducted in 2011. The appellant is said to have made a complaint before the Press Council of India. The prayer is that the proceedings of the Press Council of India should be published in the news paper. Since the election has been completed, the publication of proceeding of the Press Council of India will not be of any practical utility. However, for publication of wrong information, the appellant may seek his remedy of damages if available in accordance with law. With the said direction and liberty, the present Letters Patent Appeal is disposed of.

(Hemant Gupta, ACJ) (Dinesh Kumar Singh, J) Amrendra/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 18.01.2017 Transmission Date N/A