Patna High CourtL.P.A/589/2017dismissed

Shri Shiv Shankar Prasad v. The State Of Bihar And ORS

2017-12-20The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.589 of 2017 In Civil Writ Jurisdiction Case No.2961 of 2012 ====================================================== Shri Shiv Shankar Prasad Son of Late Ram Sharan Lal, Resident of VillageBathna, P.O.-Bathna, P.S.-Bairiya, District-West Champaran (Bettiah) at Present residing at Deep Colony, Baanuchhapa. ... ... Appellant/s

Versus

1. The State of Bihar, through the Principal Secretary, Water Resources Department, Government of Bihar, Patna.

2. The Secretary, Water Resources Department, Government of Bihar, Patna.

3. The Chief Engineer, Water Resources Department, Balmiki Nagar, Motihari.

4. The Executive Engineer, Triveni Canal Division, Raxaul, East Champaran, Motihari

5. The Executive Engineer, Tirhut Canal Division, West Champaran, Bettiah ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Umesh Chandra Verma, Adv.

For the Respondent/s :

Mr. ANJANI KUMAR-AAG4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 20-12-2017 Apart from the fact that the delay of about three years in filing of the L.P.A. is not properly explained, the petitioner has approached this Court after inordinate delay. They claim for grant of A.C.P. after completing twelve years of service in the year 1992 and the writ petition was filed 12 years after retirement in the year 2009.

Patna High Court LPA No.589 of 2017 dt.20-12-2017 2/2 Taking note of the facts and circumstances, the petitioner having slept over the matter not only during his service period but also three years after disposal of the writ petition, we see no reason to make indulgence into the matter. The appeal stands dismissed.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 3.1.2018 Transmission Date