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Patna High CourtL.P.A/1297/2019dismissed

Gulnaz Praveen, v. The State Of Bihar

2024-04-10Mr. Justice P. B. Bajanthri,Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1297 of 2019 In Civil Writ Jurisdiction Case No.6867 of 2014 ====================================================== Gulnaz Praveen, ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sunil Kumar Dubey For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 10-04-2024 The present LPA is presented in assailing the order dated 17.03.2016 passed in CWJC No. 6867 of 2014. There is a delay of about 3 years 167 days in filing LPA No. 1297 of 2019. Very vaguely assigned the reasons for enormous delay of 3 years and 167 days in para 3 to 5 it is stated as under:-

3. That it is stated that in the meanwhile petitioner/appellant met with an accident in which she received serious injury in her spinal cord as a result of which she was completely confined on bed for more than a year. The recovery of the appellant was very slow and she was not able to travel such a distance from Bhabua to Patna to contact her counsel as she has no other means to contact her.

4. That the appellant after recovery from her ailment came to Patna on 16.09.2019 and enquired about her case from her previous counsel then only she came to know about the order dated 17.3.2016 passed by the Hon'ble

Patna High Court L.P.A No.1297 of 2019(3) dt.10-04-2024 2/2 Single Judge, dismissing her writ petition on merits although in absence of her counsel.

5. That thereafter the appellant took step and engaged the present learned counsel and handed over the required brief/papers and Vakalatnama etc. and instructed him to file the instant memo of appeal before this Hon'ble Court against the impugned order judgment.

3. Statement in para 3 is not supported by any medical document so as to condone enormous delay of 3 years and 167 days taking note of the fact that sufficient cause has not been shown to condone the delay of 3 years and 167 days in filing LPA No. 1297 of 2019 I.A. No. 01 of 2019 stands rejected consequently, LPA No. 1297 of 2019 stands dismissed. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) vashudha/- U