The State Of Bihar v. Dr. Md. Quasim Ahmad

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1661 of 2019 In Civil Writ Jurisdiction Case No.4758 of 2010 ====================================================== 1.

The State of Bihar Through the Principal Secretary, Health Department, Bihar, Patna.

2.

The Joint Secretary to the Govt. Health Department Bihar, Patna. 3.

The Deputy Secretry to the Govt., Department of Health, Bihar, Patna. 4.

The Under Secretary, Health Department, Govt.of Bihar, Patna. 5.

The Deputy Director Health Services, Bihar, Patna. 6.

The Deputy Superintendent, Sub- Divisional Hospital, Danapur, Patna. 7.

The Under Secretary, Finance Department, Govt.of Bihar, Patna. 8.

The Accountant General Bihar, Birchand Patel Path, Patna. ... ... Appellant/s

Versus

Dr. Md. Quasim Ahmad Son of Late Md. Sharif R/o Dadi Jee Street/Lane Near Ibp Petrol Pump, Boring Road , P.S. S.K.Puri, District -Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. S.D. Yadav, AAG-9 Mr. Prem Ranjan Kumar ( AC To AAG-9) For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 26-06-2024 Heard I.A. No. 1 of 2019 for condonation of delay of about 1 year 4 months and 17 days in filing L.P.A No. 1661 of 2019.

2. In support of cause for delay in filing the L.P.A, in Para- 3 and 4, it is stated as under:

"3. That the present L.P.A. has not been

Patna High Court L.P.A No.1661 of 2019(7) dt.26-06-2024 2/2 filed within time because some time has been consumed for adopting the process of the Department i.e. obtaining permission from the concern competent authority and obtaining legal opinion in the matter.

4. That there is no deliberate or willful latches in the part of the appellants or their counsel in filing the present L.P.A."

3.The aforementioned reasoning are bereft of material information and dates and events are not forthcoming so as to condone the enormous delay of about 1 year 4 months and 17 days. Accordingly, I.A. No. 1 of 2019 filed in L.P.A. No. 1661 of 2019 for condonation of delay of about 1 year 4 months and 17 days stands rejected.

4.Resultantly, L.P.A No. 1661 of 2019 stands dismissed. Interlocutory application if any pending stands dismissed.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) mcv/- U