The State Of Bihar v. Ramashish Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1133 of 2019 In Civil Writ Jurisdiction Case No.13982 of 2016 ====================================================== 1.

The State Of Bihar through its Principal Secretary, to the Government, P.H.E.D., Bihar, Patna Bisheshwaraiya Bhawan, Bailey Road, Patna. 2.

The Chief Engineer, Mechanical, P.H.E.D., Bihar, patna Bisheshwaraiya Bhawan, Bailey Road, Patna.

3.

The Superintending Engineer, P.H.E. Circle, Patna. 4.

The Executive Engineer, P.H. Division, Patna East, Patna. ... ... Appellant/s

Versus

1.

Ramashish Singh Son of Late Rameshwar Singh, resident of villageKansua, Post office- Ratani Bazar, Police Station Sakurabad, DistrictJehanabad, at present residing at Mohalla Devichak, Fatuha, Post officeFatuha, Police Station- Fatuha, District- Patna. 2.

The Accountant General, Bihar, Veerchand Patel Marg, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. S. Raza Ahmad, AAG-5 Mr. Alok Ranjan, AC to AAG-5 For the Respondent/s :

Mr.

====================================================== 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: I.A. No. 1 of 2019 The instant Interlocutory Application has been filed

2/4 for condonation of delay of 894 days in filing the present appeal.

Learned counsel for the appellants states that the order already stands complied with.

That apart, we find that the delay of 894 days has not been explained, much less sufficiently explained. Relevant portions of the application are reproduced as under:- "

3/4 "

As such, we do not find any reason, sufficient

4/4 enough to condone the delay, for each day's delay has not been explained, much less sufficiently explained by the appellants. The delay of 894 days in filing the appeal remains unexplained.

As such, Interlocutory Application No. 1 of 2019 stands dismissed.

Re: L.P.A. No. 1133 of 2019 Appellants lay challenge to the impugned judgment dated 23rd of February, 2017 passed by a learned Single Judge of this Court in CWJC No. 13982 of 2016, titled as Ramashish Singh Vs. The State of Bihar & Ors.

In view of dismissal of the Interlocutory Application No. 1 of 2019, the instant Letters Patent Appeal also stands dismissed.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 08.09.2021 Transmission Date