Patna High CourtL.P.A/222/2017dismissed

The Bihar State Electricity Board And ORS v. M/S Shivam Roller Flour Mill And ANR

2018-08-21Mr. Justice Jyoti Saran,Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.222 of 2017 In Civil Writ Jurisdiction Case No. 5307 of 2007 ======================================================

1. The Bihar State Electricity Board Vidyut Bhawan, Bailey Road, Patna (now restructured as North Bihar Power Distribution Co. Ltd.) through its Managing Director (Resp. No.1)

2. The General Manager cum Chief Engineer, Tirhut Division, Muzaffarpur (Resp. No.3)

3. Electrical Superintending Engineer, Motihari (Resp. No.4)

4. Electrical Executive Engineer, Motihari (Resp. No.5) Respondent no. 1-5 is represented through its Law Officer of the North Bihar Power Distribution Co. Ltd. Vidyut Bhawan, Bailey Road, Patna .... .... Appellants

Versus

1. M/s Shivam Roller Flour Mill Kaurihar, Raxaul, a partnership firm, through its Partner Lakshman Prasad, son of late Kamal Prasad resident of Kaurihar, Town and P.S. Raxaul, District East Champaran

2. The Bihar Electricity Regulatory Commission constituted under the Electricity Act, 2003 having its office situated at Vidhyut Bhawan (Annexee), Bailey Road, Patna through its Secretary .... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Prakash Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 12 21-08-2018 Re: I.A.No. 850/2017 The appeal is delayed by more than 4 years and 95 days. We have perused the reasons assigned in the limitation petition and we are certainly not satisfied with the explanation given therein for it was entirely the responsibility of the appellants to ensure filing of the appeal within time and the explanation whatsoever given in the limitation petition in no manner reduces

Patna High Court LPA No.222 of 2017 (12) dt.21-08-2018 their laid back attitude in taking effective steps for ensuring the filing of the appeal in time.

The limitation petition is dismissed. Consequently, the Letters Patent Appeal is dismissed.

(Jyoti Saran, J) (Chakradhari Sharan Singh, J) Surendra/- U