Jay Prakash, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.176 of 2022 In Civil Writ Jurisdiction Case No.17343 of 2012 ====================================================== Jay Prakash, S/o Late Garjan Paswan, R/o Vill-Agaion Bazar, P.O. and P.S.- Agaion Bazar, District-Bhojpur (Ara) (Bihar). ... ... Appellant

Versus

1.

The State of Bihar through the Director General of Police, Bihar, Patna. 2.

The Inspector General of Police, Patna.

3.

The Superintendent of Police, Bhojpur, Ara.

4.

The Central Selection Board of Constable, Bihar, Patna through its Secretary.

5.

The Chairman of the Central Selection Board of Constable, Bihar, Patna. 6.

The Secretary of the Central Selection Board (Constable Recruitment) Bihar, Patna.

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

For the Appellant/s :

Mr. Rajeev Kumar Singh, Advocate For the Respondent/s :

Mr. P.K. Shahi, learned A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 17-03-2025 Ref: I.A. No. 01 of 2025 Heard I.A. No. 01 of 2025 for condonation of delay. There is a delay of about 08 years, 03 months and 25 days in filing L.P.A. No. 176 of 2022. The reasons stated for condonation of delay reads as under:

"3. That it is humbly submitted here that when the Appellant/Petitioner was informed

Patna High Court L.P.A No.176 of 2022 dt.17-03-2025 2/3 that his writ application has been dismissed and after discussing the effect and outcome of the order dated 02.12.2013 with the Advocate on record in the writ application as also instructed the Advocate-Clerk for getting certified copy of the order dated 02.12.2013.

4. That, thereafter, on 02.04.2022, after obtaining the certified copy of the order under appeal he returned to his native place and on arrangement of all the necessary formalities, monetary as well as document-wise, for filing present memo of appeal, he came back to Patna.

5. That, it is stated that, thereafter, due to some difficulties in arrangement of money and others the Appellant/Petitioner could not handover his duly signed Vakalatnama and other necessary documents to the concerned Advocate for filing the memo of Appeal."

2. Learned counsel for the Appellant could not apprise this Court with reference to number of days of delay read with the sufficient cause so as to condone the undue delay of about 08 years, 03 months and 25 days in filing L.P.A.

Patna High Court L.P.A No.176 of 2022 dt.17-03-2025 3/3 No. 176 of 2022. On the ground of delay and laches, Appellant has not made out a case so as to condone the delay of about 08 years, 03 months and 25 days.

3. Accordingly, I.A. No. 01 of 2025 stands dismissed, resultantly, L.P.A. No. 176 of 2022 stands dismissed. Pending I.As, if any, stands disposed of.

(P. B. Bajanthri, J) ( Alok Kumar Sinha, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.03.2025 Transmission Date NA