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Patna High CourtL.P.A/181/2020disposed

Shivchandra Chowdhary v. The State Of Bihar

2021-07-29The Chief Justice -,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.181 of 2020 In Civil Writ Jurisdiction Case No.21545 of 2013 ====================================================== Shivchandra Chowdhary Son of Late Ramjee Chowdhary Resident of Mohalla- Kachahari Dhala, Ward No. 1, P.S. and District- Saharsa. ... ... Appellant/s

Versus

1.

The State of Bihar Through the Principal Secretary, Disaster Management Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Disaster Management Department, Govt. of Bihar, Patna.

3.

The Commissioner Koshi Range, Saharsa.

4.

The District Magistrate Saharsa.

5.

The Deputy Development Commissioner Saharsa.

6.

The Deputy Collector (Disaster Management), Saharsa. 7.

The Executive Engineer Rural Works Department, Works Division, Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Dinesh Prasad Verma, Advocate For the Respondent/s :

Mr.Md.Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 29-07-2021 Appellant has prayed for the following relief(s):- "That this letter patent appeal is being filed by the appellant against the order dated 21.12.2019, passed by Hon'ble Mr.

Justice Anil Kumar Upadhyay in C.W.J.C. No.

21545 of 2013, by which order Hon'ble Court observed that "In view of the nature of claim prayed for by the petitioner in this Writ petition, no relief can be granted". In case petitioner filed this Civil Suit/money suit, the

Patna High Court L.P.A No.181 of 2020(2) dt.29-07-2021 2/2 court below shall condone the delay in filing the suit considering the fact that for the last six years, the writ petition was pending before this court with the aforesaid, the writ petition, stands disposed of."

Learned counsel for the appellant does not want to press the present appeal reserving liberty to the appellant to represent before the appropriate authority.

Liberty granted.

As and when any such representation is filed, the same shall be considered and decided in accordance with law within a period of four months.

The issue of limitation is left open.

Instant appeal stands dismissed as withdrawn in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/-Ashwini/- U