Sunil Kumar v. State Of Bihar Through The District Election Officer Cum District Magistrate Muzaffarpur

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.868 of 2015 Arising out of Civil Writ Jurisdiction Case No. 4085 of 2009 Along with Interlocutory Application No.3679 of 2015 =========================================================== Sunil Kumar, son of late Mohan Lal Saraf. resident of Behind Rani Sati Mandir, Sikandarpur, P.S.- Nagar Thana, Muzaffarpur, District - Muzaffarpur. .... .... Petitioner- Appellant/s

Versus

State of Bihar through the District Election officer cum District Magistrate Muzaffarpur.

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

For the Appellant/s :

Mr. Pankaj Maijorwar, Advocate For the Respondent/s :

Mr. Sunil Kumar Singh, A.C. to S.C.-27 =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA And HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 07-09-2016 Re.: Interlocutory Application No.3679 of 2015 The application is for condonation of delay of 8 days in filing of the present Letters Patent Appeal.

For the reasons mentioned in the application, we find that sufficient cause is made out for condonation of delay. Consequently,

Patna High Court LPA No.868 of 2015 dt.07-09-2016 2/3 we condone the delay in filing of the present Letters Patent Appeal. Interlocutory Application stands allowed accordingly. Re.: Letters Patent Appeal No.868 of 2015 The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 22nd January, 2015 whereby, the claim of the appellant for payment of Rs.97,268/- for the work done by him in the year 1999 was partly accepted in view of the stand of the respondents to the effect that Rs.57,718/- is the amount due and payable to the appellant. We find that the writ application is simplicitor money claim and that too for the work done in the year 1999. The writ application was filed in the year 2009, i.e. after more than 10 years of the cause of action having been arisen.

The same could not have been entertained at all. It is disputed question of fact as to whether the appellant is entitled to Rs.97,268/- or not. Such dispute could be raised by the appellant only before the Civil Court and not before the Writ Court and that too after 10 years. The Learned Single Judge has ordered payment of an amount admitted to be due. The appellant cannot claim remaining amount from the writ court or in Letters Patent Appeal.

Patna High Court LPA No.868 of 2015 dt.07-09-2016 3/3 Consequently, we do not find any merit in the Letters Patent Appeal. The same is, therefore, dismissed. (Hemant Gupta, J.) (Ahsanuddin Amanullah, J.) Sunil/- AFR/NAFR N. A. F.R CAV DATE N. A.

Uploading Date 14.09.2016 Transmission Date