The State Of Bihar And ORS v. Upendra Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1565 of 2015 In Letters Patent Appeal No. 485 of 2012 ======================================================
1. The State of Bihar
2. The Secretary, Minor Irrigation Department, Government of Bihar, Patna.
3. The Secretary, Finance Department, Government of Bihar, Patna.
4. The Deputy Director, Under Ground Water Irrigation Division, Bhagalpur.
.... .... Appellants-Petitioner/s
Versus
1. Upendra Kumar Sinha, son of late Ramauter Prasad, resident of villageKanhaiya Chak, via-Parwatta, Post-Kanhaiya Chak, District-Khagaria.
2. The Accountant General, Bihar, Patna.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. S. Arshad Alam, S.C.-3 Mr. Fakhruddin Ali Ahmad, A.C. to S.C.-3 Mr. Mritunjay Kumar Jha, A.C. to S.C.-3 For the Respondent No.1: Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 21-07-2015 I.A. No.5575 of 2015 This application is filed under Section 5 of the Limitation Act, with a prayer to condone the delay in filing the MJC. It is stated that the fact that the Letters Patent Appeal No.485 of 2012 was dismissed for default on 19.06.2014, was not on notice of the appellants, till the time the contempt case was filed, and soon after the restoration application has been filed. No counter affidavit is filed by the contesting respondent.
Patna High Court MJC No.1565 of 2015 (3) dt.21-07-2015 2/2 Having regard to the facts and circumstances, we condone the delay.
Interlocutory application stands disposed of. MJC No.1565 of 2015 For the same reasons as mentioned in the petition, we allow the MJC and set aside the order dated 19.06.2014, and Letters Patent Appeal No.485 of 2012 is restored to its original file.
(L. Narasimha Reddy, CJ) (Anjana Mishra, J) Sunil/- U