The State Of Bihar v. Rahul Raja

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.759 of 2019 In Civil Writ Jurisdiction Case No.11466 of 2016 ====================================================== 1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

3.

The Principal Secretary, Rural Works Department, Government of Bihar, Patna.

4.

The Secretary (Expenditure), Department of Finance, Government of Bihar, Patna.

5.

The Under Secretary-in-Chief-cum-Additional Secretary, Rural Works Department, Govt. of Bihar, Patna.

6.

The Under Secretary, Department of Finance, Government of Bihar, Patna. 7.

The Administrative Officer, Bihar Rural Roads Development Agency, Patna. ... ... Appellant/s

Versus

Rahul Raja Son of Late Yogendra Prasad Pathak Resident of House No. A11/11, Kusumpuram Colony, P.S.- Rupaspur, District- Patna, Presently posted as Lower Division Clerk in the office of Executive Engineer, Advance Planning Division-I, R.W.D., on deputation in Bihar Rural Road Development Agency, Bihar.

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

For the Appellant/s :

Mr. Rohitabh Das, AC to AAG-13 For the Respondent/s :

Mr.Bibhakar Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 09-01-2024 Re: I.A. No. 01 of 2019 Heard I.A. No. 01 of 2019 for condonation of delay of 90 days in filing LPA. For the reasons stated in the application read with the affidavit sufficient cause has been shown to condone

Patna High Court L.P.A No.759 of 2019 dt.09-01-2024 2/2 the delay of 90 days in filing LPA Accordingly, I.A. No. 01 of 2019 for condonation of delay for filing LPA stands allowed.

2. Heard learned counsel for the appellants on merit.

3. Learned counsel for the appellants fairly submitted that identical matter was dismissed by the Co-ordinate Bench in LPA No. 766 of 2019 (State of Bihar & Ors. vs. Biresh Kumar Singh & Ors.) and it is reported in 2023 (6) BLJ 100. In the light of the aforementioned submission, the present LPA No. 759 of 2019 stands dismissed in terms of the judgment in the LPA No. 766 of 2019.

(P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) abhishekkr/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.01.2024 Transmission Date NA