Ashok Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.199 of 2016 In Civil Writ Jurisdiction Case No. 8222 of 2011 ======================================================

1. Ashok Kumar Son of Late Ram Lakhan Singh, Resident of Village + P.O. - Rampur Chai, P.S. - Karpi, District - Arwal. .... .... Appellant/s

Versus

1. The State of Bihar

2. The Chief Secretary, Government of Bihar, Patna.

3. The Accountant General of Bihar, Patna.

4. The Secretary, Personnel and Administrative Reform, Govt. of Bihar, Patna.

5. The Secretary, Finance Department, Government of Bihar, Patna.

6. The Director, Provident Fund Directorate, Pant Bhawan, Bailey Road, Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Manoj Kumar Jha, Advocate For the Respondent/s : Mr. Shyam Kishore Sharma, GA-1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 16-08-2016 I.A. No. 730 of 2016 has been filed by the appellant, under Section 5 of the Limitation Act, seeking condonation of delay of 58 days in preferring the present Letters Patent Appeal against the order, dated 23.09.2015, passed by the learned Single Judge in C.W.J.C. No. 8222 of 2011.

Heard Mr. Manoj Kumar Jha, learned Counsel, appearing on behalf of the appellant. None has appeared on behalf of the State-respondents though notices stand served.

Patna High Court LPA No.199 of 2016 (2) dt.16-08-2016 2/2 Having considered the reasons assigned in the present petition seeking condonation of delay and having heard the learned counsel for the parties, this Court is satisfied that the appellant was prevented by sufficient causes from preferring the appeal within time.

In view of the above, the delay of 58 days, in preferring the Letters Patent Appeal, is hereby condoned. I.A. No. 730 of 2016 stands disposed of.

Learned counsel for the appellant seeks permission to withdraw this appeal with liberty to approach this Court with appropriate application in future.

In view of the above and in the interest of justice, this appeal is hereby disposed of as withdrawn with liberty granted to the appellant to approach this Court with appropriate application, in future, if so advised, and/or take recourse to such provisions of law as may be permissible.

(I.A. Ansari,CJ) (Chakradhari Sharan Singh, J) Mkr./- U