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Patna High CourtL.P.A/1224/2013dismissed

The Bihar State Housing Board And Ors2 v. Swarna Kumar

2017-02-03Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1224 of 2013 In Civil Writ Jurisdiction Case No. 10468 of 2007 ======================================================

1. The Bihar State Housing Board, Patna through its Chairman, Mangles Road, Patna.

2. The Managing Director, Bihar State Housing Board, Patna, Mangles Road.

3. The Secretary, Bihar State Housing Board, Mangles Road, Patna.

4. The Executive Engineer, Bihar State Housing Board, Division No.2, Patna.

.... .... Appellants

Versus

Swarna Kumar, Son of Late I.C. Vidya Sagar, R/o-15, Cicular Road, Anand Bazar, P.O. Danapur Cantt., District Patna. .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Anshuman Singh, Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 03-02-2017 I.A. No.7053 of 2013 is a petition for condonation of delay of 1 year and 167 days. The usual ground has been taken with regard to taking legal opinion and approvals at various levels, which cannot be a basis for such a delayed kind of filing of appeal. I.A. No.7053 of 2013 is dismissed so is the appeal. The Court is constrained to observe that though the order was passed way back in the year 2012, the Housing Board has not bothered to even offer the so called statutory interest also

Patna High Court LPA No.1224 of 2013 (3) dt.03-02-2017 2 / 2 to the respondent at any point of time and more than five years have elapsed. The Housing Board cannot remain in a comfort zone as per their convenience.

(Ajay Kumar Tripathi, J.) (Nilu Agrawal, J.) S.Kumar/- U