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Patna High CourtL.P.A/301/2015dismissed

Md. Jamil Akhtar And ORS v. The State Of Bihar And ORS

2016-05-05Mr. Justice Ahsanuddin Amanullah,Mr. Justice Hemant Gupta3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.301 of 2015 Arising out of Civil Writ Jurisdiction Case No. 17342 of 2013 ===========================================================

1. Md. Jamil Akhtar, Son of Md. Jalaluddin, resident of village - Bamaura, P.O. Bazidpur, P.S. Vidyapati Nagar, District - Samastipur

2. Md. Mansoor Alam, Son of Md. Tahir Hussain, resident of village and P.O. Dehti via Madanpur, P.S. Palasi, District - Araria

3. Zeyauddin, Son of Mashlehuddin, resident of village and P.O. Dehti via Madanpur, P.S. Palasi, District - Araria

4. Shakoor Alam, Son of Md. Hafeezuddin, resident of village and P.O. Dehti via Madanpur, P.S. Palasi, District - Araria

5. Ashfaque Alam, Son of Sheikh Jamil, resident of village and P.O. Dehti via Madanpur, P.S. Palasi, District - Araria

6. Prakash Thakur, Son of Ganesh Lal Thakur, resident of village Mirzapur Kothi, P.S. Simraha, District Araria

7. Balbir Kumar, Son of Dev Sundar Prasad Yadav, resident of village - Masti Fatehpur, P.S. Mufassil Begusarai, District - Begusarai. .... .... Appellant/s

Versus

1. The State of Bihar

2. The Principal Secretary Department of Human Resources, Government of Bihar, Patna

3. The Commissioner Cum Secretary Department of Human Resources, Government of Bihar, Patna

4. The Director, Primary Education, Govt. of Bihar, Patna

5. The Director, Research and Training Department of Human Resources, Govt. of Bihar, Patna

6. The Bihar State Staff Selection Commission through its Chairman, Veterinary College, Patna

7. The Secretary, Bihar Staff Selection Commissioner, Veterinary College, Patna

8. Md. Shakil Ansari, Son of Abdul Hamid Ansari, resident of village and P.O. Murawatpur, P.S. Desri, District Vaishali

9. Md. Shahid Alam, Son of Md. Tameezuddin, resident of village and P.O. Doria Sonapur, P.S. Simraha, District Araria

Patna High Court LPA No.301 of 2015 dt.05-05-2016 2/3

10. Sadanand Mandal, Son of Late Chedi Mandal, resident of village - Hapimuri, P.O. Rashad, District Purnea

11. Md. Shakir Ahmad, Son of Md. Maniruddin , resident of village - Banki, P.O. Rupauli, District - Purnea

12. Md. Muslim, Son of Seikh Abul Hassan, resident of village - Ramni, P.O. Majhwa Kalan via Kasba, District Purnea

13. Md. Mahboob Alam, Son of Dr. Md. Mohiuddin, resident of village - Pachokonia, P.O. Nimolhat via Shalimari, District Katihar

14. Md. Mobarak Alam, Son of Md. Hanif, resident of village - Hatgachi, P.O. Tolikola via Kasba District Purnia

15. Abdul Qayum, Son of Abdul Aziz, resident of village - Asiyani, P.O. Tarauna via Jalalgarh, District - Purnea

16. Ajay Krishna Thakur Son of Sri Kanhaiya Lal Thakur, resident of village - Kilanpur, P.O. Hemkunaj, P.S. Amdabad, District - Katihar

17. Md. Mushtaque Alam Son of Seikh Ghani Mohammad Resident of village and P.O. Chakai Via Jokihat, District Araria .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Md. Anis Akhtar, Advocate. Mr. Arif Daula Siddiqua, Advocate.

For the Respondent/s : Mr. S.Raza Ahmad, AAG-IX Mr. Vishambhar Prasad, AC to AAG-IX.

=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 05-05-2016 Re.: Interlocutory Application No.1332 of 2015 The application is for condonation of delay of 311 days in filing of the appeal.

For the reasons mentioned in the application, we find that sufficient cause is disclosed for condonation of delay. Consequently, the delay of 311 days in filing of the appeal is condoned.

Patna High Court LPA No.301 of 2015 dt.05-05-2016 3/3 Interlocutory Application stands allowed accordingly. Re.: Letters Patent Appeal No.301 of 2015 The present Letters Patent Appeal is directed against an order dated 15.01.2014 passed by the learned single Bench in CWJC No. 17342 of 2013 which was decided in the light of the judgment passed in C.W.J.C. No.17899 of 2012 on 15th of January, 2014. On the same day, C.W.J.C. No.16969 of 2013 was also decided in the light of the judgment in C.W.J.C. No.17899 of 2012. Letters Patent Appeal No.1491 of 2014 arising out of C.W.J.C. No.16969 of 2013 stands decided by a Division Bench of this Court on 24th of March, 2015. The order passed by the learned Single Bench stands affirmed by the Letters Patent Appeal. Therefore, for the reasons recorded in the order dated 24th March, 2015 passed in L.P.A. No.1491 of 2014, the present Letters Patent Appeal is also dismissed.

(Hemant Gupta, J) (Ahsanuddin Amanullah, J) Sujit/P.Kumar U