The State Of Bihar v. Krishna Kumar Gupta

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1490 of 2019 In Civil Writ Jurisdiction Case No.17269 of 2010 ====================================================== 1.

The State of Bihar.

2.

The Commissioner-Cum-Secretary Road Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna.

3.

The Engineer-In-Chief - Cum - Additional Commissioner - Cum - Special Secretary Road Construction Department, Vishweshwaraiya Bhawan, Bailey Road, 4.

The Engineer-In-Chief Road Construction Department, Vishweshwaraiya Bhawan, Baily Road ... ... Appellant/s

Versus

Krishna Kumar Gupta aged about 55 years S/o Late Sheo Sah Resident of Village - Chatiya, Via and Post- Malahi, District- East Champaran, At Present Posted As Junior Engineer, Rural Works Department, Work Division-II, Muzaffarpur.

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

For the Appellant/s :

Mr. Saroj Kumar Sharma, AC to AAG 3 For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 08-08-2025 Re : I.A. No. 1 of 2019 Heard I.A. No. 1 of 2019. There is delay of about 1 year and 58 days in filing the present LPA No. 1490 of 2019. We have come across now and then hopelessly drafted interlocutory applications for condonation of delay. There is no iota of material with reference to date of learned Single Judge order read with the date of cause of action followed by date of filing

Patna High Court L.P.A No.1490 of 2019(3) dt.08-08-2025 2/2 of the LPA. How the number of days have been calculated and explanation thereof.

2. In the present case, order of the learned Single Judge is dated 23.08.2018. The appellants had cause of action on 22.09.2018. LPA is presented on 19.11.2019. The intervening period from 22.09.2018 to 19.11.2019, sufficient cause has not been shown as is evident from reading of the interlocutory application for condonation of delay. Accordingly, I.A. No. 1 of 2019 stands dismissed. Resultantly, present LPA No. 1490 of 2019 stands dismissed.

3. Pending I.A., if any, stands disposed of.

(P. B. Bajanthri, J) (S. B. Pd. Singh, J) GAURAV S./- U