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Patna High CourtL.P.A/491/2019dismissed

The Tilka Manjhi Bhagalpur University, v. Vivekanand Thakur

2025-05-06Mr. Justice P. B. Bajanthri,Mr. Justice S. B. P. Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.491 of 2019 In Civil Writ Jurisdiction Case No.10640 of 2015 ====================================================== 1.

The Tilka Manjhi Bhagalpur University, through its Vice Chancellor, Bhagalpur.

2.

The Vice Chancellor, Tilka Manjhi Bhagalpur University, DistrictBhagalpur. 3.

The Registrar, Tilka Manjhi Bhagalpur University Bhagalpur, District Bhagalpur.

... ... Appellant/s

Versus

1.

Vivekanand Thakur Son of Late Ratneshwar Thakur Resident of VillageKharowa, P.S. Ghghardiha, District-Madhubani. 2.

The Secretary, University Grant Commission, Bahadur Sah Zaffar Marg, New Delhi.

3.

The State of Bihar, through the Commissioner Cum Secretary, Department of Finance, Government of Bihar, Patna.

4.

The Principal Secretary, Higher Education Department, Government of Bihar, Patna.

5.

The Director, Higher Education, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

None For the State :

Mr.Prabhat Ranjan Singh, Ac to Aag15 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 06-05-2025 Re:I.A. No. 02 of 2019 None appears for the appellants.

2. Heard I.A. No. 02 of 2019, there is a delay of about 1 year & 360 days in filing LPA No. 491 of 2019. Perusal of the pleadings in the I.A. sufficient cause has not been shown so as

Patna High Court L.P.A No.491 of 2019(7) dt.06-05-2025 2/2 to condone the enormous delay of about 1 year & 360 days.

3. At this stage, it is necessary to take note of Hon'ble Supreme Court decision in the case of State of Madhya Pradesh Vs. Ramkumar Choudhary decided in [SLP (C) Diary No.48636 of 2024] on November 29, 2024 read with H. Guruswamy & Ors. Vs. A. Krishnaiah, reported in 2025 SCC OnLine SC 54 wherein the Hon'ble Supreme Court has deprecated filing of belated litigation. Having regard to the principle laid down in the aforementioned decision, appellants have not made out a case so as to condone the delay of about 1 year & 360 days. Accordingly, I.A. No. 02 of 2019 stands rejected. Consequently, LPA No. 491 of 2019 stands dismissed.

3. Pending Interlocutory Application(s), if any, stands disposed of.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) abhishekkr/- U