The State Of Bihar v. Ramadhar Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1135 of 2019 In Civil Writ Jurisdiction Case No.11290 of 2016 ====================================================== 1.

The State of Bihar through the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna. 2.

The Engineer-in- Chief, Public Health Engineering Department, Bihar, Patna.

3.

The Engineer-in- Chief-cum- Special Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

4.

The Chief Engineer (Mechanical), Public Health Engineering Department, Govt. of Bihar, Patna.

5.

The Zonal Chief Engineer, Purnea Zone, PHE Department, Bihar, Patna. 6.

The Superintending Engineer, Public Health Engineering Circle, Saharsa. 7.

The Executive Engineer, PH Division, Patna East, Patna. 8.

The Executive Engineer, Public Health Engineer Division, Supaul. ... ... Appellant/s

Versus

1.

Ramadhar Singh Son of Late Karu Singh Resident of Village and P.O.- Karisowa, P.S.- Bajirganj, District- Gaya.

2.

The District Account Officer, Patna.

3.

The Treasury Officer, Patna.

4.

The Accountant General (A and E), Bihar, 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 :

====================================================== 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.) =======================================================

2/4 Date : 04-09-2021 Re: I.A. No. 1 of 2019 The instant Interlocutory Application has been filed for condonation of delay of 895 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 895 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 enough to condone the delay, for each day's delay has not been explained, much less sufficiently explained by the appellants. The delay of 895 days in filing the appeal remains

4/4 unexplained.

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

Re: L.P.A. No. 1135 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. 11290 of 2016, titled as Ramadhar 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