Patna High CourtL.P.A/1626/2015dismissed

Mohan Ram v. The State Of Bihar And ORS

2017-01-17Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1626 of 2015 IN Civil Writ Jurisdiction Case No. 17134 of 2008 =========================================================== Mohan Ram Son of Late Jai Kumar Ram Resident of Village- Commissionary Bazar, Pulpar, District- Sheikhpura .... .... Appellant

Versus

1. The State of Bihar

2. The District Education Officer (D.E.O.), Sheikhpura

3. The District Magistrate (D.M.), Sheikhpura

4. The Principal of D.M. High School, Sheikhpura

5. The S.D.O. Subdivisional Magistrate, Sheikhpura .... .... Respondents =========================================================== Appearance :

For the Appellant :

Mr. Satish Kumar, Advocate For the Respondents :

=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 17-01-2017 I.A. No. 7372 of 2015 is for condonation of delay for one year nine months. The condonation application is dismissed for the sole ground that the reason that the petitioner was an indigent person is not supported by any evidence or any steps taken because of his status or difficulty in moving the appeal by invoking the services of the Legal Services Authority or any authority worth the name. It is basically a lame excuse for explaining the delay. The Court has even otherwise gone through the merits of the appeal. Death of the father of the appellant took place on 03.08.1997, writ application was filed on 25.11.2008, more than 11

Patna High Court LPA No.1626 of 2015 dt.17-01-2017 2/2 years of delay in filing a writ application for assertion of right as well as 20 years has gone past since the death of the sole bread earner had taken effect, the very object of the compassionate appointment has been lost.

Even appeal, therefore, is dismissed being devoid of merit.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 17.01.2017 Transmission Date N/A