Deo Narayan Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1489 of 2018 In Civil Writ Jurisdiction Case No.1149 of 2018 ====================================================== Deo Narayan Bind Son of Nand Kishore Bind, Resident of Village- Supasan, Police Station-Wena, Rahui, District Nalanda. ... ... Appellant/s

Versus

1.

The State of Bihar through Chief Secretary, Home (Police) Department Govt. of Bihar, Patna.

2.

The Collector, Nalanda at Biharsharif.

3.

The Additional, Nalanda at Biharsharif.

4.

The Sub Divisional Magistrate, Nalanda at Biharsharif. 5.

The Superintendent of Police, Nalanda at Biharsharif. 6.

The Officer-in-Charge, Police Station Wena Rahui, District Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

None For the Respondent/s :

Mr. Saroj Kumar Sharma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 30-04-2024 None appears for the appellant.

2. The appellant has assailed the order of the learned Single Judge dated 05.09.2018 passed in CWJC No. 1149 of 2018. Matter relates to selection and appointment to the post of Chowkidar. Appellant had a cause of action in the year 2011 whereas writ petition was filed in the year 2018. Taking note of the same, the learned Single Judge has proceeded to dismiss the writ petition on the ground of inordinate delay.

Patna High Court L.P.A No.1489 of 2018 dt.30-04-2024 2/2

3. On the face of the record, it is evident that matter relates to selection and appointment, in such matters candidate must be alert in approaching courts within a reasonable period of time. The appellant had approached court of law after more than one decade. Recently, the Hon'ble Supreme Court in the case of Mrinmoy Maity vs. Chhanda Koley and Others reported in 2024 SCC Online SC 551 (Para 10 to 14) has held that belated litigations shall not be entertained. Therefore, there is no infirmity in the order of the learned Single Judge dated 05.09.2018 passed in CWJC No. 1149 of 2018.

4. Accordingly, the present LPA stands dismissed.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) shahzad/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 03.05.2024 Transmission Date N.A.