Sri Bhagwan Singh vs The State Of Jharkhand And Others
2023 Latest Caselaw 1158 Jhar

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
              (Letters Patent Appellate Jurisdiction)
                   LPA No. 255 of 2019

Sri Bhagwan Singh                                                  ....     Appellant
                                        Versus
The State of Jharkhand and others                                  .... Respondents
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellant : Mrs. Ritu Kumar, Advocate For the State : Mr. Manish Kumar, Sr.SC-II For the Resp. No.3 to 5 : Mr. Rahul Lamba, Advocate

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th Order No. 05/Dated: 16 March 2023 IA No. 2798 of 2020 This application has been filed under section 5 of the Limitation Act for condoning the delay of 66 days in filing the present Letters Patent Appeal.

In this application, the appellant has made the following statements:

5. That the learned counsel for appellant applied for the certified copy of the order and judgment dated 11.12.2018 passed in W.P.(C) No. 2183 of 2013 on 12.12.2018 which was made available to her on 15.2.2019.

6.That the appellant was always in contact with his learned counsel and in the month of January and early February he was told that the order has no been made available to her. However, unfortunately, the appellant lost his mobile phone in which he had stored the contact number of his learned counsel on 12.2.2019 and as such he could not contact her.

7. That since the appellant had lost his mobile phone on 12.2.2019 and as such it appears that his learned counsel also could not contact him.

8. That the appellant received a letter from his learned counsel by Speed Post on 13.3.2019 informing him that she has the certified copy of the of the order and judgment dated 11.12.2018 passed in WP.(C) No. 2183 of 2013 and a request was made to come to Ranchi immediately and forthwith.

9. That the appellant came to Ranchi on 15.3.2019 and met his learned counsel and as they had already discussed on mobile before 12.2.2019 about filing of Letters Patent Appeal so he requested his learned counsel to prepare the same. He was also told that his learned counsel was trying to call him on his mobile from 15.2.2019 but when she could not contact him she got a letter written and sent by Speed Post on 8.3.2019,

10. That the Holi holidays were starting from 16.3.2019 and as such the appellant was requested to come on 25.3.2019 as it was reopening day and the appeal could be filed.

11. That unfortunately due to unavoidable circumstances the appellant could not come to Ranchi on 25.3.2019 but he came on 26.3.2019 and the present Letters Patent Appeal was filed on 26.3.2019 itself."

-2- LPA No. 255 of 2019

This application is not seriously opposed by the Indian Oil Corporation Limited inasmuch as no affidavit-in-opposition has been filed.

Otherwise also, having regard to the facts and circumstances in the case, more particularly, the allegation made by the appellant that the dealership of the petrol pump awarded to him was illegally cancelled, we deem it appropriate to condone the delay of 66 days in filing the present Letters Patent Appeal so as to afford an opportunity to the appellant to contest the matter on merits.

Mr. Rahul Lamba, the learned counsel appears for the respondent Nos. 3 to 5.

Issue notice to the respondent No.6, on his present and correct address, under registered cover with A/D and by ordinary process, for which requisites etc. must be filed within two weeks.

Post this matter on 4th May 2023.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.)

SB/Nibha/