Patna High CourtC. REV./522/2016withdrawn

Om Prakash Sah v. The State Of Bihar And ORS

2018-03-28Mr. Justice Ahsanuddin Amanullah,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.522 of 2016 Arising out of Letters Patent Appeal No. 34 of 2014 Along with Interlocutory Application No. 3434 of 2017 In Civil Review No.522 of 2016 ====================================================== Om Prakash Sah son of late Jawahar Prasad Sah, resident of Village Barahiya Mubarakpur, P.O. Mubarakpur Via Ekma, P.S. Manjhi, Dist. Saran .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Director General, Home Guard (Wrongly typed as General) Chhajubagh, Patna.

3. The Inspector General, Bihar Home Guard, Chhajubagh, Patna.

4. The Divisional Commandant, Home Guard, Bihar, Chhajubagh, Patna.

5. The District Commandant, Home Guard, Ara, Bhojpur.

6. The District Commandant, Home Guard, Chapra. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) 28-03-2018 Re.: Interlocutory Application No. 3434 of 2017 Heard learned counsel for the petitioner.

2. The present Interlocutory Application has been filed seeking condonation of delay of 6 months and 27 days in

Patna High Court C. REV. No.522 of 2016 (6) dt.28-03-2018 2/2 filing of the Civil Review application.

3. Having heard learned counsel for the petitioner, we find that sufficient cause has been shown for filing of the review application after expiry of period of limitation.

4. Accordingly, Interlocutory Application No. 3434 of 2017 stands allowed. Delay in filing of Civil Review application stands condoned.

Re.: Civil Review No. 522 of 2016

5. After some arguments, learned counsel for the petitioner sought permission to withdraw the Civil Review application. However, he expressed his apprehension that the relief granted by the learned Single Judge may not be granted by the authorities.

6. Having regard to the aforesaid, the Civil Review application stands disposed off as withdrawn with the observation that the Appellate Court not having interfered with the relief granted by the learned Single Judge such apprehension is misconceived.

(Ahsanuddin Amanullah, J) (Madhuresh Prasad, J) Anjani/- U