Ashok Kumar Singh v. The State Of Bihar Through The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10632 of 2021 ====================================================== Ashok Kumar Singh, son of Jagdish Singh, resident of House No. MIG - 22, ADA Colony, Teliar Ganj, Near Old Chungi, T.B. Hospital, Teliar Ganj, Allahabad, District- Allahabad, State- Uttar Pradesh, Pin - 211004. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar at Patna. 2.

Development Commissioner-cum - Chairman, Sub- Mission, Bihar Vikas Mission, Bihar Government Government Building Construction Corporation Campus, Hospital road, Rajvanshi Nagar, Patna - 800023. 3.

Member Secretary, Bihar Vikas Mission, Controlled under Mantri Mandal Secretariat Department, Bihar Vikas Mission, Bihar Government Building Construction Corporation Campus, Hospital Road, Rajvanshi Nagar, Patna 800023.

4.

Chief General Manager, Bihar Vikas Mission, Bihar Government Building Construction Corporation Campus, Hospital Road, Rajvanshi Nagar, Patna 800023.

5.

District Magistrate, Bhagalpur, District- Bhagalpur. 6.

Deputy Development Commissioner, District- Bhagalpur. 7.

District Program Officer, Bhagalpur, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-11-2022 It is submitted by learned Advocate General that the matter may be remanded to the appellate authority for consideration, as the issue of limitation, due to inadvertence, was considered ignoring the legal position based on order passed by the Hon'ble Apex Court having regard to the Covid19 pandemic in Suo Motu Writ Petition (C) No. 3 of 2020, dated 10.01.2022.

Patna High Court CWJC No.10632 of 2021(8) dt.17-11-2022 2/2 The matter is, therefore, disposed of.

The appellate authority (Respondent No. 2) would be under legal obligation to consider the petitioner's appeal in accordance with law on its merit without raising the issue of the same being barred by delay.

(Madhuresh Prasad, J) SUMIT/- U