Jharkhand High Court
The State Of Jharkhand & Others vs Kusumlata Devi & Others on 25 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
LPA No. 58 of 2019
The State of Jharkhand & others ... ...... Appellants
Versus
Kusumlata Devi & others ..... ...... Respondents
With
LPA Nos. 266 of 2019, 288 of 2019, 289 of 2019, 290 of 2019, 291 of 2019,
292 of 2019, 295 of 2019, 296 of 2019, 396 of 2019, 397 of 2019, 399 of
2019 and 402 of 2019.
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(Through V.C.)
CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Appellant(s) : Mr. Piyush Chitresh, AC to AG
For the Respondent(s) : Mr.Vineet Prakash, Advocate
Mr. Indrajit Sinha, Advocate
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Order No.10/Dated: 25th August, 2021
[IA No. 937 of 2019, IA No. 3059 of 2019, IA No. 3411
of 2019, IA No. 3413 of 2019, IA No. 3415 of 2019,
IA No. 3417 of 2019, IA No. 3419 of 2019, IA No. 3436
of 2019, IA No. 3438 of 2019, IA No. 5163 of 2019,
IA No. 5166 of 2019, IA No. 5171 of 2019 and IA
No. 5223 of 2019.]
These Letters Patent Appeals have been filed against the orders
and judgments passed by the learned Single Judge of this Court. There is
unanimity at Bar that the issues involved in all the writ petitions were the
same and in the Letters Patent Appeals filed by the State of Jharkhand also
the same issue in law has been agitated.
The State of Jharkhand has filed a chart indicating the number of
days of delay in filing these Letters Patent Appeals.
Mr. Indrajit Sinha, the learned counsel who is the lead counsel
on behalf of the respondents states that the applications under section 5 of the
Limitation Act filed by the appellants are highly unsatisfactory and grossly
lack in details. The submission is that since the issue decided by the learned
Single Judge is in consonance with the law of the land these Letters Patent
Appeals need not be heard in detail and at this stage itself by declining
condonation of delay the controversy can be set at rest.
From the chart prepared by the learned assisting counsel for the
-2- LPA No. 58 of 2019 & analogous cases
State of Jharkhand, it appears that there is delay of 252 days in filing Letters
Patent Appeal bearing LPA No. 402 of 2019 and delay in other three matters
viz. LPA No. 396 of 2019, LPA No. 397 of 2019 and LPA No. 399 of 2019
are more than 100 days. However, the other Letters Patent Appeals are filed
with delay of less than 100 days. There is some explanation in the
applications filed under section 5 of the Limitation Act, though not with all
necessary details.
The learned State counsel has taken a plea of the present
pandemic of COVID-19 and procedural delay in taking opinion and
permission for filing the Letters Patent Appeals.
In our opinion, the issue involved in these Letters Patent Appeals
is a contentious issue which needs an authoritative pronouncement by
Division Bench or Larger Bench - both the parties have relied upon
judgments which they say are to some extent in conflict with each other.
In view of the aforesaid, we are of the opinion that the delays in
filing these Letters Patent Appeals can be condoned.
Ordered accordingly.
IA No. 937 of 2019, IA No. 3059 of 2019, IA No. 3411 of 2019,
IA No. 3413 of 2019, IA No. 3415 of 2019, IA No. 3417 of 2019, IA No.
3419 of 2019, IA No. 3436 of 2019, IA No. 3438 of 2019, IA No. 5163 of
2019, IA No. 5166 of 2019, IA No. 5171 of 2019 and IA No. 5223 of 2019
are allowed.
[IA No. 3273 of 2021, IA No. 3272 of 2021, IA No. 3274
of 2021]
All these three Interlocutory Applications have been filed by the
respondents to which the learned counsel for the State has no objection.
Taken on record.
The State may file its affidavit questioning genuineness of the
documents.
Post these matters on 29.09.2021 to be taken up as the first
matter subject to part heard, if any.
(Shree Chandrashekhar, J.)
Sharda/Soumya/Nibha (Ratnaker Bhengra, J.)
