Parsuram Nut v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.34 of 2017 In Letters Patent Appeal No.321 of 2012 ====================================================== Parsuram Nut S/o Adalat Nut, Resident of Village- Balihar, P.O. Dulahpur, P.S. Simri, District- Buxar.

... ... Petitioner/s

Versus

1. The State Of Bihar and Ors

2. The Director of Secondary Education, Government of Bihar, Patna.

3. The Regional Deputy Director of Education, Bhojpur at Ara.

4. The District Superintendent of Education, Buxar, District- Buxar.

5. The Headmaster, A.S.M. High School, Balihar, P.S. Simri, District- Buxar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Singh For the Opposite Party/s :

Mr.Ashutosh Ranjan Pandey Aag 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) Date : 30-01-2019 I.A. No. 3607 of 2017 Heard learned counsel for the petitioner and learned counsel for the State.

2.

This interlocutory application under Section 5 of Limitation Act has been filed by the petitioner for condoning the delay of two years eight months and twenty five days in filing the review application against the judgment dated 10.04.2014 passed by this Court in LPA No. 321 of 2012.

3.

Mr. Rajeev Kumar Singh, learned counsel for the petitioner submitted that after removal from service the petitioner went outside the State to earn his livelihood. The intra court appeal was dismissed on 10.04.2014 and nobody informed him about the

Patna High Court C. REV. No.34 of 2017 dt.30-01-2019 2/3 dismissal of the appeal. He came to Patna in January, 2017 and contacted his lawyer, who informed him that the letters patent appeal has been dismissed on 10.04.2014 and thereafter the review application was filed on 09.02.2017 after consulting his lawyer. He further contended that the petitioner, who is a poor person, has committed no laches on his part and the delay caused in filing the review application has occasioned due to the compelling reasons as stated above.

4.

Per contra, learned counsel appearing for the State submitted that no justifiable ground for condoning the delay has been used by the petitioner in the instant interlocutory application. The plea that the lawyer did not inform the petitioner about dismissal of the appeal cannot be accepted as the orders being passed by this Court are being uploaded on the website of the High Court and information regarding the outcome of the case is also being communicated to the parties as well as the lawyer on their respective mobile numbers. He further contended that even otherwise, a litigant, who pursues his remedies before the Court, is required to be vigilant. The lame excuse that the communication about the outcome of the case was not made to him cannot be a ground for condoning the inordinate delay of about three years. 5.

We have heard learned counsel for the parties.

Patna High Court C. REV. No.34 of 2017 dt.30-01-2019 3/3 6.

We find substance in the submission of the learned counsel for the State. The explanation submitted by the petitioner for the inordinate delay caused in filing the review application can not be accepted. That apart, we have also heard learned counsel for the petitioner on merits of the review application. He has tried to convince us that the order under review is bad in law. If that is the case, he ought to have challenged the same before the Hon'ble Supreme Court instead of filing a review application before this Court. No error apparent on the face of the record could be pointed out by him, which could have been a ground for review of the order passed by this Court.

7.

In that view of the matter, the interlocutory application stands dismissed. As a consequence thereof, the review application also stands dismissed.

(Ashwani Kumar Singh, J) ( Chakradhari Sharan Singh, J) pradeep/sneha AFR/NAFR NAFR CAV DATE NA Uploading Date 01.02.2019 Transmission Date