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Patna High CourtL.P.A/666/2022dismissed

The State Of Bihar v. Dr. Amrit Nath Jha

2024-12-04Mr. Justice Nani Tagia,The Chief Justice-2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.666 of 2022 In Civil Writ Jurisdiction Case No.4666 of 2019 ====================================================== 1.

The State of Bihar through the Principal Secretary, Department of Higher Education, Government of Bihar, Patna.

2.

The Director, Department of Higher Education, Government of Bihar, Patna. ... ... Appellant/s

Versus

1.

Dr. Amrit Nath Jha S/o Late Sita Nath Jha, Resident of Village - Sarb Sima, P.O. - Naruar, P.S. Bhairab Asthan, District - Madhubani. 2.

The Vice-Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

3.

The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

4.

The Finance Officer, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Anjani Kumar, AAG-4 Mr. Alok Kumar Rahi (A.C. to A.A.G.4) For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 04-12-2024 The Interlocutory Application has been filed for condoning the delay of 2 years and 23 days in filing the memo of appeal.

2. Having gone through the affidavit, we are not satisfied that there are sufficient grounds shown to condone the delay.

Patna High Court L.P.A No.666 of 2022 dt.04-12-2024 2/2

3. The appeal arises from a consent order; on the submission of all parties that the grievance of the petitioner stands redressed.

4. In such circumstance, we find no reason to entertain the appeal on merits too. However, if there is a review permissible under law, the appellants could avail of that remedy. We make it clear that we have not said anything about the sustainability of the review, which will have to be considered by the learned Single Judge, when it is filed.

5. With the above observation, the appeal stands dismissed both on the ground of delay and on merits. (K. Vinod Chandran, CJ) (Nani Tagia, J) P.K.P./- AFR/NAFR CAV DATE Uploading Date 05.12.2024 Transmission Date