Md. Ehtesham Ahmad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.201 of 2016 In Civil Writ Jurisdiction Case No. 1584 of 2015 ====================================================== Md. Ehtesham Ahmad Son of Md. Mahfooz Alam Resident of Village - Nayagaon, P.S. Shayampur Bhathan, District - Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna.

2. The District Magistrate, Sheohar.

3. The Superintendent of Police, Sheohar.

4. The Sub Divisional Officer, Sheohar, District - Sheohar.

5. The Arms Magistrate, Sheohar.

6. The Sub Divisional Police Officer, Sheohar, District - Sheohar.

7. The Officer-Incharge of Shyampur Bhathan Police Station, District - Sheohar.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Anisur Rahman For the Opposite Parties : : Mr. Rajiv Roy ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 24-02-2016 Heard the parties.

C.W.J.C. No. 1584 of 2015 was disposed of vide order dated 01.08.2015 granting liberty to the petitioner to prefer an appeal within a period of 30 days, however, the same could not be filed within the aforesaid time and reason is being assigned that the petitioner fell ill.

It is contended that, thereafter, the petitioner tried to file the appeal but the same is not being entertained by the authority concerned in view of the fact that the appeal was to be filed within

Patna High Court MJC No.201 of 2016 (2) dt.24-02-2016 30 days.

Having regard to the facts and circumstances of the case, let the petitioner prefer appeal along with a petition for condoning the delay in filing the same which should be considered and disposed of by the authority concerned on its own merit and in accordance with law.

Accordingly, this application stands disposed of. (Dr. Ravi Ranjan, J) SC/- U