Ganesh Ram @ Gyaneshwar Das v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.766 of 2008 In Civil Writ Jurisdiction Case No. 8014 of 1997 ====================================================== Ganesh Ram @ Gyaneshwar Das, son of Late Tilu Ram, resident of village Dimaha, P.O. Gopalpur, District Bhagalpur .... .... Petitioner/Appellant
Versus
1. The State of Bihar
2. The Director General of Bihar Military Police, Bihar, Patna
3. The Inspector General of Police, Bihar Military Police, Patna
4. The Deputy Inspector General of Police, B.M.P. North Zone, Muzaffarpur
5. The Commandant, Bihar Military Police-16, Phulwari Sharif, Patna .... .... Respondents/Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 12-01-2015 I.A.No. 6087 of 2008 Heard learned counsel for the appellant and learned counsel for the State.
The interlocutory application has been filed for condonation of delay of 8 years and 291 days in filing the appeal. In the limitation petition the ground for delay was stated simply as due to poverty and ignorance of limitation. Subsequently a supplementary affidavit has been filed in which an entirely different story is narrated trying to throw the blame upon an Advocate who is alleged to have been entrusted with the file for filing an appeal and against whom various allegations have been made relying upon the fact that the said Advocate cannot
Patna High Court LPA No.766 of 2008 (6) dt.12-01-2015 controvert the said allegations as he has died before filing of the appeal itself.
In the aforesaid circumstances, we are of the view that no good ground has been made out for condoning the delay in filing the appeal. The application for condonation is, accordingly, dismissed.
I.A.No. 6087 of 2008 is thus disposed of.
In view of the dismissal of the application for condonation of delay, the appeal is also dismissed. (Ramesh Kumar Datta, J) (Vikash Jain, J) spal/- U