Braj Bhushan Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1675 of 2015 Arising out of Civil Review No.78 of 2015 Arising out of Civil Writ Jurisdiction Case No.3534 of 2011 Along with Interlocutory Application No.7572 of 2015 ====================================================== Braj Bhushan Mishra, S/o Shri Rameshwar Nath Mishra, Resident of Village-Mohammadpur, P.O.-Saraiya Factory, P.S.-Saraiya, District Muzaffarpur.

.... .... Petitioner-Appellant

Versus

1. The State of Bihar.

2. The Principal Secretary, Health Department, Government of Bihar, Patna.

3. The Director -in-Chief, Health Services, Bihar, Patna.

4. The Director, Indigenous Medicine, Bihar, Patna.

5. The Kameshwar Singh, Darbhanga Sanskrit University, Kameshwar Nagar, Darbhang through its Vice Chancellor.

6. The Vice-Chancellor, Kameshwar Singh, Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

7. The Registrar, Kameshwar Singh, Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

8. The Principal, Maharani Rameshwari Bhartiya Chikitsa Vigyan sanshtan , Mohanpur, Darbhanga.

9. The Treasury Officer, Muzaffarpur.

10. The Accountant General, Bihar, Patna.

11. The Assistant Accounts Officer/Section Officer, O/o the A.G. Bihar, Patna.

.... .... Respondents-Respondents ====================================================== Appearance :

For the Appellant : Mr. R. K. Jain, Advocate Mr. Pradeep Kumar Sinha, Advocate Mrs. Punam Shrivastava, Advocate For the Respondents-State : Mr. Kamlesh Kumar Sharma, A.C. to S.C.-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA And HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) 18-04-2016 Re.: Interlocutory Application No.7572 of 2015 The application is for condonation of delay of 87 days in filing of the appeal.

Patna High Court LPA No.1675 of 2015 (2) dt.18-04-2016 2/2 For the reasons mentioned in the application, we find that sufficient cause is made out for condonation of delay of 87 days in filing of the appeal. Consequently, the delay is condoned.

Interlocutory Application stands disposed of accordingly.

Re.: Letters Patent Appeal No.1675 of 2015 Learned counsel for the appellant points out that pension of the appellant has been since re-fixed and, therefore, he has no surviving grievance except to the extent of cost imposed by the learned Single Bench.

We find that imposition of a cost in view of the fact that the grievance of the appellant stands redressed by the Department seems to be unwarranted. Consequently, we set aside the order imposing cost of Rs.10,000/-.

The Letters Patent Appeal is dismissed as withdrawn in respect of other aspects.

(Hemant Gupta, J.) (Ahsanuddin Amanullah, J.) Sunil/- U