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Patna High CourtL.P.A/385/2018consigned

The State Of Bihar And ANR v. Rajiv Singh

2018-12-14The Chief Justice-,Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.385 of 2018 In Civil Writ Jurisdiction Case No.1986 of 2007 ======================================================

1. The State of Bihar through the Secretary, Department of Revenue & Land Reforms Government of Bihar, Patna.

2. The Member, Department of Revenue, Government of Bihar, Patna.

... ... Appellant/s

Versus

Rajiv Singh ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Arun Kumar Bhagat ( AC To AAG 12) For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3.

14-12-2018 Heard Shri Arun Kumar Bhagat, AC to learned AAG -12 for the appellant.

In this appeal, there is a massive delay of ten years, ten months and nineteen days, for which the explanation given in the affidavit in support of the limitation petition does not appeal to reason at all. A delay in official process more so when the opinion of the Advocate General had already been sought in the year 2010, remains unexplained by the State. Accordingly, we are not inclined to condone the delay

Patna High Court LPA No.385 of 2018(2) dt.14-12-2018 2/2 and the condonation application is rejected. It is, however, observed that the issues of law raised in the appeal itself shall remain open in an appropriate case. The appeal is consigned to records.

(Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) PNM/Jagdish/- U