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Patna High CourtL.P.A/328/2021dismissed

The State Of Bihar v. Dinesh Kumar

2025-02-17Mr. Justice P. B. Bajanthri,Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.328 of 2021 In Civil Writ Jurisdiction Case No.16174 of 2015 ====================================================== 1.

The State of Bihar.

2.

The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

The Director, Secondary Education, Government of Bihar, Patna. 4.

The Regional Deputy Director of Education, Patna Division, Patna. 5.

The District Education Officer, Patna.

6.

The District Programme Officer, Patna.

... ... Appellant/s

Versus

Dinesh Kumar Son of Sri Indradeo Singh Resident of Village - Fatehpur, Police Station Fatehpur, District - Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Anjaneya Singh for AAG 13 For the Respondent/s :

Mr. Jagnnath Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 17-02-2025 Re : I.A. No. 1 of 2021 Heard I.A. No. 1 of 2021, filed for condonation of delay in filing LPA No. 328 of 2021. There is delay of about 597 days in filing the present LPA. Sufficient cause has not been shown in I.A. No. 1 of 2021 so as to condone the delay of 597 days.

2. Recently, Hon'ble Supreme Court in the following two decisions namely in the case of State of Madhya Pradesh

Patna High Court L.P.A No.328 of 2021(4) dt.17-02-2025 2/2 vs. Ramkumar Choudhary in SLP (C) Diary No. 48636 of 2024 decided on 29.11.2024 and H.Guruswamy and Ors. vs. A. Krishnaiah Since Deceased by Lrs. reported in 2025 SCC OnLine SC 54, examined the delay in filing of LPA litigation on behalf of State and deprecate while imposing cost. In view of principles laid down in the aforementioned decisions, I.A. No. 1 of 2021 stands dismissed. Resultantly, LPA No. 328 of 2021 stands dismissed.

3. Pending I.A., if any, stands disposed of.

(P. B. Bajanthri, J) (Sunil Dutta Mishra, J) GAURAV S./- U