Manish Kumar Chand And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1931 of 2016 In Civil Writ Jurisdiction Case No. 4315 of 2011 ====================================================== Manish Kumar Chand & Ors .... .... Appellant/s
Versus
The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Aditya Shankar, Advocate Mr. Binod Kumar Sinha, Advocate For the Respondent/s : Mr. S.Rahman, AC to GP 24 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-10-2016 I.A.No. 8071 of 2016 has been filed by the appellants, under Section 5 of the Limitation Act, seeking condonation of delay of 05 days in preferring the present letters patent appeal against the order, dated 24.08.2016 passed in C.W.J.C.No. 4315 of 2011.
Having considered the reasons assigned in the present petition seeking condonation of delay, in preferring appeal, and having heard the learned counsel for the parties, this Court is satisfied that the appellants were prevented by sufficient causes from preferring the appeal within time.
In view of the above, the delay of 05 days, in preferring the letters patent appeal, is hereby condoned.
Patna High Court LPA No.1931 of 2016 (3) dt.19-10-2016 I.A.No. 8071 of 2016 shall stand disposed of. L.P.A.No. 1931 of 2016:
Heard Mr. Aditya Shankar, learned Counsel for the appellants, and Mr. S. Rahman, learned AC to GP 24, appearing for the State respondents.
Having regard to the fact that the order, dated 24.08.2016 passed in C.W.J.C.No. 4315 of 2011, which stands impugned in this Letters Patent Appeal, in fact passed on an application made under Article 227 of the Constitution of India, Mr. Aditya Shankar, learned Counsel appearing on behalf of the appellants seeks permission to withdraw this appeal with liberty to take recourse to appropriate provision of law. To the submissions so made, no objection has been raised on behalf of the respondents.
In view of the above and in the interest of justice, this appeal is hereby disposed of as withdrawn with liberty granted to the appellants to take recourse to appropriate provision of law. (I.A. Ansari,CJ) (Dr. Ravi Ranjan, J) A.I./- U