Md. Ekramuddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1310 of 2015 In Civil Writ Jurisdiction Case No. 6131 of 2005 ======================================================

1. Md. Ekramuddin S/o Alauddin Resident of Mohalla Ansarnagar, P.S. Nawada, District Nawada .... .... Appellant/s

Versus

1. The State of Bihar.

2. The Commissioner, Magadh Division, Gaya.

3. The Collector, Nawada.

4. The Sub Divisional Officer, Nawada.

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

For the Appellant/s : Mr. Pramod Kumar Verma, Advocate For the Respondent/s : Mr. Ajeet Kumar, SC-28 Mr. Arvind Kumar, AC to SC-28 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 04-11-2015 Ref: I.A. No. 5706 of 2015 I.A. No. 5706 of 2015 has been filed by the appellant, under Section 5 of the Limitation Act, seeking condonation of delay of 1 year and 124 days in preferring the present appeal against the order, dated 06.08.2012, passed by the learned single Judge in CWJC No. 6131 of 2005.

Heard Mr. Pramod Kumar Verma, learned Counsel, appearing on behalf of the appellant, and Mr. Ajeet Kumar, learned Counsel, appearing on behalf of the respondents. Having considered the reasons assigned in the present petition seeking condonation of delay and having heard the learned

Patna High Court LPA No.1310 of 2015 (2) dt.04-11-2015 2/2 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 1 year and 124 days, in preferring the letters patent appeal, is hereby condoned. I.A. No. 5706 of 2015 shall stand disposed of. LPA No. 1310 of 2015 Heard Mr. Pramod Kumar Verma, learned Counsel, appearing on behalf of the appellant, and Mr. Ajeet Kumar, learned Counsel, appearing on behalf of the respondents. After some argument, learned counsel for the appellant seeks permission to withdraw this appeal with liberty to file review petition.

No objection has been raised to the prayer for withdrawal made by the appellant.

In view of the above and in the interest of justice, the application is hereby disposed of as withdrawn with liberty granted to the appellant to file review petition, in future, if so advised. (I.A. Ansari, ACJ.) (Chakradhari Sharan Singh, J.) Mkr./- U