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Patna High CourtL.P.A/1691/2018disposed

The State Of Bihar And ANR v. Md. Jahir

2023-08-24The Chief Justice,Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1691 of 2018 In Civil Writ Jurisdiction Case No.19161 of 2016 ====================================================== 1.

The State Of Bihar 2.

The Director Cum Chairman, Bihar Hindi Granth Academy. Prem Chand Marg P.S. Sultanganj, Rajendra Na ... ... Appellant/s

Versus

Md. Jahir Son of late Noor Mohammad Resident of Muhalla Bhutana P.S. Athouri District Muzaffarpur.

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

For the Appellant/s :

M/s Apurva, Advocate Abhanjalli AC To GA 12 For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 24-08-2023

1. The appeal is by the State and the delay is enormous; of 1 year 81 days.

2. In fact one of the grounds stated in the LPA is that against the order dated 9.5.2017 passed in LPA No. 938 of 2014 an SLP is proposed to be filed, before the Hon'ble Supreme Court of India. We see that the SLP has been filed, which has been dismissed on the ground of unexplained delay of 2087 days. In such circumstances, we do not think that there is any purpose in keeping the LPA pending specially since the matters are identical. The order of the Hon'ble Supreme Court passed

Patna High Court L.P.A No.1691 of 2018(6) dt.24-08-2023 2/2 in SLP (Civil) No. 17486 of 2023 (The State of Bihar Vs. Chitranjan Murari Prasad Verma & Anr.) produced before us shall be taken into record as Annexure C1.

3. We dismiss the delay condonation application and also reject the appeal as a consequence.

(K. Vinod Chandran, CJ) ( Partha Sarthy, J) Shiv/-Spd/- U