Jharkhand High Court
Sunil Kumar Choudhary vs The State Of Jharkhand on 6 September, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 414 of 2019
With
I.A. No. 1312 of 2020
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Sunil Kumar Choudhary, aged about 40 years, son of Shri Ganesh
Choudhary, Resident of Police Line, P.O. Lalpur, P.S. Sadar, District
Ranchi (Jharkhand).
... ... Petitioner
Versus
1. The State of Jharkhand.
2. Deputy Inspector General of Police, B.M.P. Chhotanagpur Zone, P.O. &
P.S. Doranda, District-Ranchi.
3. Commandant B.M.P.-11 (Now JAP-6), Jamshedpur, P.O. & P.S.
Jamshedpur, District-East Singhbhum.
... ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Petitioner : Mr. Manoj Tandon, Advocate
For the Opp. Parties : Mr. Indranil Bhaduri, SC-IV
Mr. Suman Marandi, AC to SC-IV
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ORAL ORDER
05/Dated: 06th September, 2023
I.A. No. 1312 of 2020:
1. Perused the S.R. dated 16.07.2019, whereby and whereunder, the delay
of 10 days has been reported.
2. Learned counsel for the petitioner has submitted by referring to the
judgment rendered by the Hon'ble Apex Court in Neelima Srivastava v.
The State of Uttar Pradesh & Ors., reported in 2021 SCC OnLine
Supreme Court 610 that stamp report, whereby and whereunder, the
delay of 10 days has been reported is fit to be discarded, however, he has
submitted that the delay condonation application has been filed.
3. But, submission has been made by that he is not pressing the instant
interlocutory application since it has been decided that the letters patent
appeal is a forum exercising the power conferred under Article 226 of
the Constitution of India. If the power is being exercised under Article
226 of the Constitution of India, there is no issue of limitation rather the
issue will be of delay and laches.
4. Accordingly, the instant interlocutory application is dismissed as not
pressed.
C.M.P. No. 414 of 2019:
5. The instant civil misc. petition has been filed for restoration of L.P.A.
No. 373 of 2013 to its original file since the same has been dismissed for
default due to non-appearance of the counsel at the time when the case
was called, i.e., on 23.04.2019.
6. It has been submitted that appearance could not have been made on the
day when the case was listed on Board due to the reason that the learned
counsel for the appellant was suffering from high fever from 21.04.2019
to 25.04.2019 and the doctor, therefore, had advised medicine and bed
rest.
7. Learned counsel for the petitioner has submitted that since the learned
counsel for the appellant was suffering from high fever and the situation
was beyond his control, therefore, he could not put his appearance before
the Court, hence, the letters patent appeal may be restored to its original
file otherwise the petitioner/appellant will suffer irreparable loss and the
issue which has been raised will remain undecided.
8. Learned counsel for the opposite parties has made submission that there
is negligence on the part of the appellant, as such, the instant civil misc.
petition may not be allowed.
9. This Court has heard the learned counsel for the parties and considered
the reason assigned for restoration of L.P.A. No. 373 of 2013 which is
suffering from fever from 21.04.2019 to 25.04.2019.
10. This Court, therefore, considering the reason assigned by the
petitioner/appellant as has been submitted to be beyond his control, is of
the view that the same is justified.
11. Accordingly, the instant civil misc. petition is allowed.
12. In consequence thereof, the letters patent appeal being L.P.A. No. 373 of
2013 is restored to its original file.
13. In view thereof, the instant civil misc. petition stands disposed of.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
Saurabh/-
