Uday Raj Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1318 of 2013 Arising out of Civil Writ Jurisdiction Case No. 13344 of 2007 Along with Interlocutory Application No. 7565 of 2013 =========================================================== Uday Raj Gupta, Son of Late Sri Gopal Ji Gupta, Resident of Hasan Bazar, P.O. Hasan Bazar, P.O. Piro, Bhojpur, Ara .... .... Appellant/s

Versus

1. The State Of Bihar, through Chief Secretary, Government of Bihar, Old Secretariat, Patna

2. The Secretary, Health Government Of Bihar, New Secretariat, Patna

3. The Director-in-Chief, Health Services, Government Of Bihar, New Secretariat, Patna

4. The Civil Surgeon, Ara, Bhojpur

5. The District Magistrate, Bhojpur

6. The Medical Officer, State Dispensary, Piro, District - Bhojpur

7. Sub Divisional Officer cum Rent Controller, Piro, Bhojpur .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. L.N.Das, Advocate Mr. Nazir Alam, For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 13-02-2017 Re: Interlocutory Application No. 7565 of 2013 The application is for condonation of delay of 118 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 is allowed.

Patna High Court LPA No.1318 of 2013 dt.13-02-2017 2/2 Re: Letters Patent Appeal No. 1318 of 2013:

The appellant claims interest on the delayed payment of rent from the tenant through the writ application. The learned Single Bench dismissed the writ application on the ground that no separate writ application would be maintainable and that no direction can be issued by the writ Court for interest. We do not find that the said observation while dismissing the writ application filed by the appellant for payment of interest suffers from any illegality or irregularity. Once the House Controller has not granted any interest, the same cannot be claimed in a writ application that too after the order of the House Controller has attained finality. In view thereof, we do not find any error in the order of the learned Single Bench which may warrant interference in the present intra-Court appeal.

The Letters Patent Appeal is, thus, dismissed. (Hemant Gupta, ACJ.) (Sudhir Singh, J.) AFR/NAFR NAFR CAV DATE NA Uploading Date 15.02.2017 Transmission Date S.Pandey/-