The Municipal (Wrongly Mentioned In Writ Petition As Urban) Secretary-Cum-Authorised Officer v. Kanhaiya Jee

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.544 of 2019 In Civil Writ Jurisdiction Case No.491 of 2018 ====================================================== The Municipal (Wrongly mentioned in writ petition as Urban) Secretary-cumAuthorised Officer Patna Municipal Corporation, Patna ... ... Appellant/s

Versus

1.

Kanhaiya Jee Son of Late Markande Singh R/o Village and P.O.-Bedhana, P.S.-Barh, District-Patna 2.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna 3.

The Director Primary, Education Department, Government of Bihar, Patna 4.

The District Magistrate Patna 5.

The District Education Officer Patna 6.

The District Programme Officer Establishment, Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Prabhakar Singh For the Respondent/s :

Mr. S.S. Tiwary AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 14-05-2024 Re:

I.A. No. 01 of 2024 Heard I.A. No. 01 of 2024. There is delay of about more than one year however, there is no explanation during the intervening period from 30 March, 2018 the date on which learned single judge passed order in C.W.J.C. No. 491 of 2018 till 05.04.2019 as is evident from para 3 to 7. In other words, sufficient cause has not been made out so as to condone the delay of about more than one year. Even though L.P.A was filed in the year 2019 whereas I.A of 2024 for condonation of delay was filed after about five years. Even on this count, there is

Patna High Court L.P.A No.544 of 2019 dt.14-05-2024 2/2 delay in pursuing the matter. Accordingly, I.A. No. 01 of 2024 stands rejected.

2. At this stage, learned counsel for the respondent on instructions submitted that the present L.P.A do not survive for consideration in view of later development. The same is also taken note of. Accordingly, the L.P.A stands dismissed. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) krishnakant/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.05.2024.

Transmission Date NA