Jharkhand High Court
Gopal Ghosh vs The State Of Jharkhand Through The ... on 24 April, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
2025:JHHC:12268-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 519 of 2024
Gopal Ghosh, aged about 27 years, S/o Nirmal Ghosh, R/o East Naryanpur
Colony No. 4, P.O., P.S. Rajmahal, District-Sahibganj.
... ... ... Petitioner
Versus
1. The State of Jharkhand through the Secretary / Principal Secretary,
Department of Home (Police) having office at Project Building, P.O & P.S-
Dhurwa, Town and District-Ranchi.
2. The Superintendent of Police, Pakur having its office at Pakur,
P.O.,P.S. Pakur and District- Pakur.
... ... ... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner: Ms. Akriti Shree, Advocate
For the Respondents: Md. Shahabuddin, S.C.-VII
Mr. Z.A. Khan, A.C. to S.C.-VII
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03/Dated: 24.04.2025
M. S. Ramachandra Rao, C.J. (Oral)
I.A. No. 10906 of 2024 in/and L.P.A No. 519 of 2024
1. I.A. No. 10906 of 2024 is filed to condone the delay of 1009 days
in filing this Appeal challenging the judgment dt 03.12.2019 in W.P.(S)
No. 325 of 2019 of the learned Single Judge.
2. In the application filed seeking condonation of delay it is stated that
the counsel for the applicant telephonically informed the applicant about
the order and though the applicant was interested in challenging the same
due to COVID lockdown the applicant could not meet his counsel
because he resides in a small village of Sahibganj district. It is stated that
he and his family somehow managed to meet the counsel in 2024 who
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2025:JHHC:12268-DB
then advised to file a Letters Patent Appeal. It is also contended that the
applicant has a good case on merits and the delay in filing the appeal
should therefore, be condoned.
3. Admittedly, the judgment of the learned Single Judge was
pronounced on 03.12.2019 in W.P.(S) No. 325 of 2019. The time for
filing Letters Patent Appeal against the said judgment is 30 days from the
date of knowledge of the judgment. The period for filing the appeal thus
expired by 2nd January, 2020. COVID-19 lockdown pleaded by the
applicant started only on 20.03.2020 therefore, even by that date the
limitation for filing the Appeal had expired. Also the COVID pandemic
ended in 2021 and in the last two years the applicant has shown no
inclination to file the Appeal and seek condonation of delay. It is clear
that the applicant has been negligent in taking steps to challenge the order
of the learned Single Judge by way of Letters Patent Appeal.
4. Having regard to the facts and circumstance of the case, we are
satisfied that no sufficient cause has been shown by the applicant for
condoning the inordinate period of delay of 1009 days in filing the
Appeal.
5. Accordingly, this I.A. No. 10906 of 2024 is dismissed.
6. Consequently, the Letters Patent Appeal is also dismissed. Pending
Interlocutory Application, if any, stands disposed of.
(M. S. Ramachandra Rao, C.J.)
(Rajesh Shankar, J.)
APK/VK
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