Damodar Singh @ Damodar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.473 of 2022 In Civil Writ Jurisdiction Case No.18844 of 2021 ====================================================== Damodar Singh @ Damodar Prasad Singh ... ... Appellant/s

Versus

The State of Bihar & Ors.

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

For the Appellant/s :

Mr.Vikalp, Advocate For the Respondent/s :

Mr.Abhanjali, AC to GA12 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 12-02-2025 On 04.02.2025, we have passed the following order:- "I.A. No. 1 of 2022:

Heard I.A. No.1 of 2022.

2. There is a delay of about 133 days in filing the present L.P.A. No.473 of 2022.

3. The reasons for condonation of delay of aforementioned number of days are stated in paragraphs-3 to 5 of I.A. No.1 of 2022. Paragraphs-3 to 5 of I.A. No.1 of 2022 are read as under:

"3. That due to illness and old age this delay has been make.

4. That the appellant has gone in financial problems due to unemployment and Covid Pandemic than this delay has been made.

5. That without condoning the delay of this petition appellant has gone in irreparable injuries."

4. Cause of action accrued to the appellant on 19.05.2022 in terms of the order of the learned Single Judge. The

Patna High Court L.P.A No.473 of 2022(7) dt.12-02-2025 2/2 aforementioned reasons cannot be taken into consideration for the purpose of condonation of delay. Very vaguely, reasons have been assigned. COVID-19 Pandemic period cannot be taken into consideration in view of the fact that the order of the learned Single Judge is dated 20.04.2022. In the month of January, 2022 itself, COVID-19 Pandemic period was over in view of the SOP issued from time to time.

5. Accordingly, appellant has not made out a case so as to condone the delay.

I.A. No.1 of 2022 stands dismissed.

L.P.A. No.473 of 2022:

6. Resultantly, L.P.A. No.473 of 2022 stands dismissed.

7. At this stage, learned counsel for the appellant seeks time.

8.

Re-list this matter on 11.02.2025."

2. Matter was listed yesterday, there is no representation on behalf of the appellant. Today, learned counsel Mr. Amit Badsera appeared through video conferencing and seeking time. We have refused to grant adjournment, accordingly, the present LPA No. 473 of 2022 stands dismissed in the light of order dated 04.02.2025.

(P. B. Bajanthri, J) ( Sunil Dutta Mishra, J) abhishekkr/- U