Prasidh Narain Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11843 of 2015 ====================================================== Prasidh Narain Singh Son of Late Chandradeo Singh, resident of village - Dharupur, Police Station - Bikramganj, District - Rohtas. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Collector, Rohtas, Post Office and Police Station- Sasaram, District- Rohtas.

2.

The Anchal Adhikari, Bikramganj, District - Bikramganj, District - Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Bihari Singh For the Respondent/s :

Mr.S.K. Sharma- Ga1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

This writ petition has been filed by the petitioner for challenging the order dated 23.6.2015 passed in Title Appeal No. 82 of 2013.

Learned counsel for the petitioner submits that Title Appeal No. 82 of 2013 was admitted after delay of 22 years without condoning the delay. The order dated 23.6.2015 read as follows: "The title appeal is hereby admitted. Subject to the condition that this condonation petition filed on behalf of the State (appellant) shall be heard at the time of final adjudication."

The order admitting the title appeal is without jurisdiction as an appeal cannot be admitted without condoning

Patna High Court CWJC No.11843 of 2015(2) dt.09-04-2019 2/2 the delay.

In view of the above the order dated 23.6.20158 cannot be sustained. Accordingly, the same is quashed. Matter is remitted back to the Appellate Court to pass fresh order within a maximum period of 45 days from the date of receipt/production of copy of this order.

With the aforesaid the present writ petition stands disposed of.

(Anil Kumar Upadhyay, J) T.Kr./- U