Chandravanti Devi @ Chandravanti Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.203 of 2020 In Civil Writ Jurisdiction Case No.7271 of 2019 ====================================================== Chandravanti Devi @ Chandravanti Kunwar Wife of Late Shiv Kumar Paswan Resident of Village and Post Officer-Sandesh, Police StationSandesh, District-Bhojpur. ... ... Appellant/s

Versus

1.

The State of Bihar Through Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2.

The Chief Secretary, Government of Bihar, Old Secretariat, Patna. 3.

The District Magistrate-Cum-Collector, Rohtas, Sasaram. 4.

The Additional Collector, Rohtas, Sasaram.

5.

The Sub-Divisional Officer, Sasaram, Dihari, Rohtas. 6.

The Circle Officer, Sasaram.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Gopal Govind Mishra, 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) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 04-09-2021 I.A. No.1 of 2020 Having heard learned Counsel for the parties, we are

Patna High Court L.P.A No.203 of 2020(2) dt.04-09-2021 2/3 satisfied that the delay of 120 days in filing of the present appeal has been sufficiently explained. The delay condonation application is allowed. The appeal shall be treated to be within time.

L.P.A. No.203 of 2020 This appeal is directed against the judgment/order dated 20.09.2019 passed in C.W.J.C. No. 7271 of 2019, titled as Chandravanti Devi @ Chandravanti Kunwar Vs. The State of Bihar& Ors., by a learned Single Bench of this Court. The impugned order is extracted, in toto, as under: "On account of the various orders passed by this Court, now the issue under consideration stands settled inasmuch as PPO/GPO dated 11th September, 2019, has been issued in favour of the petitioner.

If that be so, the Treasury Officer, Sasaram is directed to make payment thereof within a period of four weeks from today, failing which he shall not draw his salary.

The writ petition stands disposed off on the aforesaid terms."

The order, consensual in nature, cannot be assailed by way of the present Letters Patent Appeal, more so, in view of the law laid down by Hon'ble Apex Court in Jogendrasinhji Vijaysinghji Vs. State of Gujarat and others, (2015) 9 SCC 1., for

Patna High Court L.P.A No.203 of 2020(2) dt.04-09-2021 3/3 we do not find any illegality or perversity therein. The appeal is dismissed.

Interlocutory Application, if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS/- U