Rajvanshi Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1542 of 2018 In Civil Writ Jurisdiction Case No.5797 of 2015 ====================================================== Rajvanshi Mahto Son of Late Kamal Mahto R/o Village-Pirari, Post OfficePirari, P.S. Inarwa, Distict-West Champaran (Bettiah) ... ... Appellant/s

Versus

1.

The State of Bihar 2.

The District Collector, West Champaran at Bettiah 3.

The District Supply of Officer, West Champaran (Bettiah) 4.

The Sub Divisional Officer, Narkatiyaganj, West Champaran (Bettiah) 5.

The Block Supply Officer, Gaunaha Block, District-West Champaran (Bettiah) ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Syed Masleh-Uddin Ashraf, Advocate For the Respondent/s :

Mr. S.Raza Ahmad -AAG-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 14-08-2019 Re: I.A. No. 8515 of 2018 Heard learned counsel for the appellant.

Patna High Court L.P.A No.1542 of 2018 dt.14-08-2019 2/3 There is a delay of 31 days in the filing of this appeal.

Having considered the submissions raised, we find sufficient cause to have been made out to condone the delay, which is accordingly condoned. I.A. No. 8515 of 2018 stands allowed accordingly.

Re: L.P.A. No. 1542 of 2018 On merits we find that the writ petition has been dismissed on the ground of inordinate delay and laches on the part of the appellant.

We have considered the submissions raised and we find that the learned Additional Advocate General Shri Raza is correct in the submission that the petition could not have been entertained after the lapse of such a long time. Reliance has been placed by him on the Division Bench order passed in L.P.A. No. 1050 of 2018 decided on 04.04.2019. The submission of Shri Raja is supported by the aforesaid judgment and we accordingly do not find any merit in the appeal, which is accordingly rejected.

Learned counsel for the appellant submits that the appellant may be permitted to seek appropriate remedy in accordance with the statute. Even that would not be permissible

Patna High Court L.P.A No.1542 of 2018 dt.14-08-2019 3/3 in the light of the observations made in the judgment referred to therein.

(Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) Jagdish/- AFR/NAFR CAV DATE Uploading Date 19.08.2019 Transmission Date