Baleshwar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No. 656 of 2015 Arising out of Civil Writ Jurisdiction Case No. 17884 of 2013 Along with Interlocutory Application No. 2809 of 2015 =========================================================== Baleshwar Prasad, Son of late Raghuni Prasad, resident of Village & P.O.- Sisai Via-Sahajitpur, P.S. Janta Bazar, District- Saran (Chapra). .... .... Petitioner No. 3 Appellant/s

Versus

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

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

3. The Bihar Staff Selection Commission through its Secretary, Veterinary College, Patna-800014.

4. The Chairman, Bihar Staff Selection Commission, Veterinary College, Patna800014.

5. The Secretary, Bihar Staff Selection Commission, Veterinary College, Patna800014. ..........Respondent/s/ Respondent/s

6. Sitaram Prasad, Son of late Raghunandan Prasad, resident of Village- Kalopatti, P.S. Mirganj, District- Gopalganj.

7. Sunita, daughter of late Bageshwari Tiwari, resident of Village- Sikatia, P.S. Basantpur, District- Siwan.

8. Jai Prakash Rai, Son of Late Braj Kishore Rai, resident of Village-Girdhar Parsa, P.S. Fulwaria, District- Gopalganj.

9. Basudeo Prasad Yadav, Son of Shri Chandra Bali Prasad Yadav, resident of Village-Gareia, P.S. Guthani, District- Siwan.

10. Abdullah Ansari, Son of Md. Suleman Ansari, resident of Village- Usati, P.S. Daraunda, District- Siwan.

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

For the Appellant/s :

Mr. Umesh Kumar Mishra, Advocate

Patna High Court LPA No.656 of 2015 dt.04-08-2016 2/3 For the State :

Mr. Rajiv Roy, G.P.1.

Mr. Suresh Kumar, A.C. to G.P.1 =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 04-08-2016 Re.: Interlocutory Application No. 2809 of 2015 The application is for condonation of delay of 329 days in filing of the appeal.

For the reasons mentioned in the application, we find that sufficient cause is disclosed for condonation of delay. Consequently, the delay of 329 days in filing of the appeal is condoned.

Interlocutory Application stands allowed accordingly. Re.: Letters Patent Appeal No. 656 of 2015 Learned counsel for the appellants points out that the writ application was decided in the light of the judgment passed in C.W.J.C. No.17899 of 2012 on 15th of January, 2014. On the same day, C.W.J.C. No.16969 of 2013 was also decided in the light of the judgment in C.W.J.C. No.17899 of 2012. Letters Patent Appeal No.1491 of 2014 arising out of C.W.J.C. No.16969 of 2013 stands decided by a Division Bench of this Court on 24th of March, 2015. The order passed by the learned Single Bench stands affirmed by the Letters Patent Appeal.

Patna High Court LPA No.656 of 2015 dt.04-08-2016 3/3 Therefore, for the reasons recorded in the order dated 24th March, 2015 passed in L.P.A. No.1491 of 2014, the present Letters Patent Appeal is also dismissed. (Hemant Gupta, J.) (Ahsanuddin Amanullah, J.) Anand Kr.

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