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Patna High CourtL.P.A/37/2013dismissed

Mahendra Poddar v. The State Of Bihar And ORS

2016-03-03Mr. Justice Navaniti Prasad Singh,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No 37 of 2013 =========================================================== Mahendra Poddar Son Of Late Ram Ratan Poodar Resident Of Village Paroria P.O. Mangalgarh P.S. Hasanpul District Samastipur. Retired Panchayat Sevak, Rosera Block District Samastipur .... .... Appellant/s

Versus

1. The State Of Bihar

2. The Divisional Commissioner, Darbhanga Division, Darbhanga

3. The District Magistrate, Samastipur

4. The Deputy Development Commissioner, Samastipur

5. The Sub Divisional Officer, Rosera, Samastipur

6. The Block Development Officer, Singhia District Samastipur

7. The Block Development Officer, Rosera District Samastipur

8. The District Panchayat Raj Officer, Samastipur .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr Vivekanand Vivek, Advocate For the Respondent/s : Mr M N Huda Khan, SC 18 with Ms Babita Kumari, AC to SC 18 =========================================================== CORAM: HON'BLE MR JUSTICE HEMANT GUPTA & HON'BLE MR JUSTICE NAVANITI PRASAD SINGH ORAL JUDGMENT (Per: HONOURABLE MR JUSTICE HEMANT GUPTA) Date: 03-03-2016 Order dated 04.11.2011 passed by the learned Single Judge is challenged in the present Letters Patent Appeal. 2 The writ application has been dismissed on account of delay and laches as the order of punishment was passed on 15th of June, 2009 whereas the writ application was filed on 29.06.2010. 3 We do not find any error in the order passed by the

Patna High Court LPA No.37 of 2013 dt.03-03-2016 learned Single Judge. The order of punishment of recovery of Rs 19,884/- and 1,46,870/- was passed on 11th of May, 2002. An appeal against the said order was dismissed on 15th of June, 2005 whereas the writ application was filed in the year, 2010. The writ application has been rightly dismissed on account of delay and laches. There is no explanation of delay in invoking the equitable writ jurisdiction after almost five years.

4 This Letters Patent Appeal is dismissed.

(Hemant Gupta, J) (Navaniti Prasad Singh, J) U M.E.H./-