The State Of Jharkhand & Ors vs Surendra Prasad
2023 Latest Caselaw 688 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                (Letters Patent Appellate Jurisdiction)
                       L.P.A. No. 280 of 2022

The State of Jharkhand & Ors.                                         ......Appellants
                                          Versus
Surendra Prasad                                                    ....... Respondent
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

For the Appellants : Mr. Ashish Kr. Thakur, AC to AAG-III For the Respondent : None

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Order No. 04 / Dated: 9th February 2023

I.A. No. 11304 of 2022 This application has been filed seeking condonation of delay of 156 days in preferring this Letters Patent Appeal.

In this application, on behalf of the State of Jharkhand the following statements have been made:

"10. That it is further stated that the file was forwarded to the Learned Advocate General who on gave an opinion to prefer a Letters Patent Appeal against the judgment dated 10.02.2022.

11. That it is stated that the concerned file thereafter returned to the Health, Medical & Family Welfare Department, Government of Jharkhand, Ranchi.

12. That it is stated that the Under Secretary, Health, Medical & Family Welfare Department, Government of Jharkhand, Ranchi made a proposal to handing over the records to the Legal retained for drafting statement of facts for preferring a Letters Patent Appeal and the said proposal was duly approved by the Deputy Secretary and Additional Secretary.

13. That it is stated that Legal retainer drafted the statement of fact for preferring the Letters Patent Appeal against the judgment dated 10.02.2022 and the same was forwarded on 15.06.2022 for necessary approval."

Normally, the Courts do not entertain the application for condonation of delay in absence of the opposite party/respondent. However, having regard to the facts and circumstances in the case, we are inclined to condone the delay of 156 days in preferring the present Letters Patent Appeal and, accordingly, I.A. No. 11304 of 2022 is allowed.

I.A. No. 11303 of 2022 This application has been filed seeking stay of the writ Court's order dated 10th February 2022 passed in WP(S) No.794 of 2021.

Having regard to the facts and circumstances in the case, there shall be ad-interim stay of the order dated 10th February 2022 passed in WP(S) No.794 of 2021.

L.P.A. No. 280 of 2022 Issue notice to the respondent on main matter as well as in I.A. No. 11303 of 2022 for which requisites etc. under registered cover with A/D as well as by ordinary process must be filed within one week.

Post the matter on 15th March 2023.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) R.K.