Patna High CourtL.P.A/2028/2015dismissed

Smt. Namita Ojha v. The State Of Bihar And ORS

2017-02-14Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2028 of 2015 In Civil Writ Jurisdiction Case No. 6154 of 1993 ======================================================

1. Smt. Namita Ojha Wife of Dr. Purnendu Ojha Resident of Kankarbagh, P.S. Kankarbagh, Legal heir of Rupwanti Devi original petitioner P.O. Presently residing at 21 Doctors Colony P.S. Kankarbagh, District - Patna .... .... Appellant/s

Versus

1. The State of Bihar

2. The Secretary, Urban Development, Government of Bihar, Patna

3. The Vice - Chairman, Patna Regional Development Authority, Maurya Lok, Patna

4. The Secretary Cum Executive Officer, Patna Regional Authority, Patna -

5. Patna Municipal Corporation through its Commissioners .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr P.K.Shahi, Sr. Advocate Mr. Rajesh Kumar Sharma For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 14-02-2017 Delay of 195 days is condoned. I.A. No.9007 of 2015 is allowed.

Hopes and aspirations of the present appellant has to be reconciled within the framework of the decision, which has been rendered by the learned Single Judge in his judgment dated 29.1.2015 against which the present appeal has been filed. The expectation of the appellant which is more of a

Patna High Court LPA No.2028 of 2015 (3) dt.14-02-2017 2/2 hope for fulfillment of a desire, looks rather remote and distant. If something could not be achieved since 1964 when more than 50 years have gone past, the Division Bench cannot improve upon the facts and the position, which has been dealt with by the learned Single Judge.

The appeal, therefore, is dismissed as no infirmity emerges from the decision of the learned Single Judge against which the appeal has been filed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) sk U