The State Of Bihar v. Deep Narayan Yadav

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.525 of 2021 In Civil Writ Jurisdiction Case No.10719 of 2016 ====================================================== 1.

The State of Bihar.

2.

The State of Bihar through Principal Secretary, Revenue and Land Reform Departemnt, Bihar, Patna.

3.

The Commissioner, Purniya Diision, Purniya.

4.

The District Magistrate, Kishanganj.

5.

The Deputy Development Commissioner, Kishanganj. 6.

The Additional Collector, Kishanganj.

7.

The Sub-Divisional Officer, Kishanganj.

8.

The Deputy Collector Land Reform, Kishanganj. ... ... Appellants

Versus

1.

Deep Narayan Yadav, Son of Late Thakur Prasad Yadav, Resident of VillagePurniya, Near Court Station-K.Hat, District-Purniya. 2.

The Accountant General, Bihar, Birchand Patel Path, Patna. ... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr. Manoj Kumar Sinha (A.C. To A.A.G.9) For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 11-11-2024 Ref: I.A. No. 02 of 2021 Heard I.A. No. 02 of 2021. There is a delay of about 02 years 06 months and 16 days in filing L.P.A. No.

Patna High Court L.P.A No.525 of 2021 dt.11-11-2024 2/3 525 of 2021. Order of the learned Single Judge is dated 16.01.2019. There is no sufficient cause has been shown to condone the enormous delay of about 02 years 06 months and 16 days. In para-5, it is stated as under: "5. That, it is humbly submitted that delay in filing the instant L.P.A. is not intentional and the process of getting departmental permission took sometime due to complete lockdown of the entire functionaries of the state. Hence appeal could not be preferred within time. The delay cause was beyond the control of the appellants."

2. Reasons assigned in para-5 would be beneficial to the Appellants only from March, 2020 till filing of the present L.P.A. However, there is no explanation from 16.04.2019 till March, 2020 during the said period, there was no Covid period. On the other hand, Covid period had commenced only on 20th March, 2020. Moreover, there is no sufficient cause has been shown so as to condone the delay of about one year and few days, resultantly, I.A. No.

Patna High Court L.P.A No.525 of 2021 dt.11-11-2024 3/3 02 of 2021 stands dismissed. Consequently, L.P.A. No. 525 of 2021 stands disposed of.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.11.2024 Transmission Date N.A