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Patna High CourtL.P.A/1074/2019dismissed

National Cooperative Consumer Federation Ltd. v. Chitranjan Prasad Sinha

2021-09-04The Chief Justice -,Mr. Justice S. Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1074 of 2019 In Civil Writ Jurisdiction Case No.15382 of 2018 ====================================================== 1.

National Cooperative Consumer Federation Ltd. Govt. of India through its Chairman NCCF, 1992, Officer lying in 3 Sri Institutional Area, NCUI Building August Kranti Marg, Hauz Khash, New Delhi-110016 2.

The Managing Director National Cooperative Consumer Federation Ltd., Govt. of India, Officer lying in 3 Sri Institutional Area, NCUI Building August Kranti Marg, Hauz Khash, New Delhi-110016 3.

The Manager Personal and Administration, NCCF, Officer lying in 3 Sri Institutional Area, NCUI Building August Kranti Marg, Hauz Khash, New Delhi-110016 4.

The Manager Accounts and Finance NCCF, Officer lying in 3 Sri Institutional Area, NCUI Building August Kranti Marg, Hauz Khash, New Delhi-110016 ... ... Appellant/s

Versus

Chitranjan prasad Sinha S/o Late Ram Nagina Singh Resident of R.N. Singh Path, Lav-Kush Nagar, Road No. 1, P.s.- Rupaspur, District- patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Daya Shankar Prasad Sinha, Advocate For the Respondent/s :

Mr. Ravi Ranjan, Advocate Mr. Kislay Raj, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) ======================================================= Date : 04-09-2021 Re: L.P.A. No. 1074 of 2019

2/6 Appellants lay challenge to the impugned order dated 15th of May, 2019 passed by a learned Single Judge of this Court in CWJC No. 15382 of 2018, titled as Chitranjan Prasad Singh Vs. The Union of India & Ors.

The impugned order is extracted as under:- "

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We do not find any reason sufficient enough to interfere in the present appeal, more so in view of the law laid down by the Hon'ble Apex Court in the case of Jogendrasinhji Vijaysinghji Vs. State of Gujarat and others, (2015) 9 SCC 1.

The Writ Court has only directed the petitioner to approach the appellants with a direction to the latter to decide the same, in terms of the earlier decision rendered by this Court. No rights of the party stands adjudicated. We fail to understand

4/6 as to why public money is being wasted in filing such appeals further involving forged persons in a protracted litigation. As such, we dismiss the Letters Patent Appeal. Interlocutory Application(s), if any, stand disposed of. Re: I.A. No. 1 of 2019 The instant Interlocutory Application has been filed for condonation of delay of 60 days in filing the present appeal. Apart from dismissal of the appeal, we find that the delay of 60 days in filing the appeal has not been explained, much less sufficiently explained.

Contents of the application, in toto, are reproduced as under:- "

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As such, we do not find any reason, sufficient enough to condone the delay, for each day's delay has not been explained, much less sufficiently explained by the appellants. The delay of 60 days in filing the appeal remains unexplained. As such, Interlocutory Application No. 1 of 2019 stands dismissed.

6/6 Interlocutory Application(s), if any, stand disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 08.09.2021 Transmission Date