The State Of Bihar v. Manidhar Mishra

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.472 of 2022 In Civil Writ Jurisdiction Case No.10892 of 2019 ====================================================== 1.

The State of Bihar through the Principal Secretary, Department of Education, Bihar, Patna.

2.

The Director, Department of Higher Education, Government of Bihar, Patna. ... ... Appellant/s

Versus

1.

Manidhar Mishra Son of Late Jatadhar Mishra Resident of Village and PostSaramohanpur, P.S.-Sadar, District-Darbhanga. 2.

The Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar, Darbhanga through its Registrar.

3.

The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University Kameshwarnagar, Darbhanga.

4.

The Registrar, Kameshwar Singh Darbhanga Sanskrit University Kameshwarnagar, Darbhanga.

5.

The Principal, Baba Saheb Ram Sanskrit Mahavidyalaya, Pachadhi, Darbhanga.

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

For the Appellant/s :

Mr. Anjani Kumar, AAG-4 Mr. Alok Kumar Rahi (A.C. to A.A.G.4) For the Respondent/s :

Mr.Kaushalesh Choudhary, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 04-12-2024 The Interlocutory Application has been filed for condoning the delay of 937 days in filing the memo of appeal.

2. Having gone through the affidavit, we are not satisfied that there are sufficient grounds shown to condone the delay.

Patna High Court L.P.A No.472 of 2022 dt.04-12-2024 2/2

3. The appeal arises from a consent order; on the submission of all parties that the grievance of the petitioner stands redressed.

4. In such circumstance, we find no reason to entertain the appeal on merits too. However, if there is a review permissible under law, the appellants could avail of that remedy. We make it clear that we have not said anything about the sustainability of the review, which will have to be considered by the learned Single Judge, when it is filed.

5. With the above observation, the appeal stands dismissed both on the ground of delay and on merits. (K. Vinod Chandran, CJ) (Nani Tagia, J) P.K.P./- AFR/NAFR CAV DATE Uploading Date 05.12.2024 Transmission Date