Ram Chandra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.135 of 2022 In Civil Writ Jurisdiction Case No.7874 of 2021 ====================================================== Ram Chandra Prasad, Son of Singeshwar Prasad, Resident of VillageRatanpur, P.O.-Ali Nagar, P.S.-Suryagarha, District-Lakhisarai (Bihar). ... ... Appellant/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Works Department, Government of Bihar, Patna.

2.

The Engineer-in-Chief, Rural Works Department, Bihar, Patna. 3.

The Chief Engineer, Rural Works Department, Work Anchal, Munger. 4.

The Executive Engineer, Rural Works Department, Works Division, Jamui2. 5.

The Block Development Officer, Katoriya, District-Banka. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Binod Murari Mishra, Advocate For the Respondent/s :

Mr. AC to GA-5 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 26-06-2025 Heard the learned counsel for the parties.

2. The appellant was not paid his salary

Patna High Court L.P.A No.135 of 2022 dt.26-06-2025 2/3 from 01.11.2008 till 31.01.2012.

3. The appellant kept on representing before the authorities concerned, but chose to approach this Court only in the year 2021, without assigning any reason for bringing the matter to the Court after such a long time.

4. Precisely on that ground, the appellant/writ-petitioner was non-suited for laches.

5. It is quite late in the day to reiterate the principle that under Article 226 of the Constitution of India, a writ-Court is required to see whether the person invoking the jurisdiction is or is not guilty of unexplained delay and laches.

6. The learned Single Judge vide his judgment dated 11.02.2022, passed in C.W.J.C. No. 7874 of 2021, has rightly found that the appellant/writpetitioner was a Junior Engineer and, therefore, he ought not to have slept over his own cause.

7. We find no reason to interfere with the

Patna High Court L.P.A No.135 of 2022 dt.26-06-2025 3/3 judgment passed by the learned Single Judge.

8. The appeal is dismissed.

(Ashutosh Kumar, ACJ) (Partha Sarthy, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 27/06/2025 Transmission Date N/A