Sunil Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.755 of 2017 In Civil Writ Jurisdiction Case No. 4087 of 2014 ====================================================== Sunil Kumar, S/o Indradeo Prasad, R/o Village- Jaitpur, P.O.- Jaitpur, P.S.- Haspura, District- Aurangabad.

.... .... Appellant

Versus

1. The State of Bihar.

2. The Director General of Police-cum-Inspector General of Police, Patna.

3. The Deputy Director General of Police (Personnel), Bihar, Patna.

4. The Deputy Inspector General (Personnel), Bihar, Patna.

5. The Superintendent of Police, Aurangabad.

.... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Rakesh Kumar Singh, Adv. For the Respondent/s : Mr. Prabhat Kumar Verma-AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 25-07-2018 Re: I.A. No. 4731 of 2017 Heard the parties.

This interlocutory application has been filed under section 5 of Limitation Act for condonation of delay of one year and 42 days in filing the appeal.

The appellant - petitioner acknowledges the knowledge of the dismissal of the writ petition in March, 2016 but has chosen to file this appeal after a lapse of more than one year in April, 2017. The reasons assigned do not justify the delay.

Patna High Court LPA No.755 of 2017 (7) dt.25-07-2018 Perusal of the judgment and order impugned would confirm that the candidature of the appellant - petitioner was cancelled inter alia on grounds of suppression of fact. In the circumstances discussed above, we are not persuaded to condone the delay of one year and 42 days. In result, I.A. No. 4731 of 2017 is rejected and consequently Letters Patent Appeal is dismissed in limine. (Jyoti Saran, J) (Chakradhari Sharan Singh, J) Archana/Surendra U