The State Of Jharkhand vs Baldeo Ram
2025 Latest Caselaw 1664 Jhar

Jharkhand High Court

The State Of Jharkhand vs Baldeo Ram on 13 January, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
        L.P.A. No. 191 of 2023
1. The State of Jharkhand, through the Secretary, Department of
   Road Construction, Government of Jharkhand having it's office at
   Project Building, HEC Dhurwa, at and P.O.-Dhurwa, P.S.-
   Jagarnathpur, District- Ranchi.
2. The Secretary, Department of Road Construction, Government of
   Jharkhand having it's office at Project Building, HEC Dhurwa, at
   and P.O.-Dhurwa, P.S.- Jagarnathpur, District- Ranchi.
3. The Secretary, Department of Finance, Government of Jharkhand,
   having it's office at Project Building, HEC Dhurwa, at and P.O.-
   Dhurwa, P.S.- Jagarnathpur, District- Ranchi.
4. The Chief Engineer, Central Planning Organization (Kendriya
   Nirupan Sanghthan), Road Construction Department, having it's
   office at Artision Hostel, Ground Floor, Block-A, HEC Dhurwa, at
   and P.O.- Dhurwa, P.S.- Jagarnathpur, District- Ranchi.
5. The Executive Engineer, Road Construction Division, Giridih, at
   and P.O.-Giridih, P.S.- Giridih, District- Giridih.
6. The Executive Engineer, Road Construction Division, Dhanbad, at
   and P.O. Dhanbad, P.S.- Dhanbad, District- Dhanbad.
7. The Executive Engineer, Road Construction Division, Khunti, at
   and P.O.- Khunti, P.S.- Khunti, District- Khunti.
                                       ... Respondents/Appellants
                          Versus
1. Baldeo Ram, son of Late Rameshwar Ram, resident of Village
  Pobi, P.O.- Pobi, P.S. Jamua, District-Giridih.
2. Lal Kishore Singh, son of Late Bachu Singh, resident of Mohalla
   Jabra Road, New Colony, Karra, P.O. Karra, P.S. Sadar, District-
   Hazaribagh.
                                           .... Petitioners/Respondents
                          ---------
CORAM: HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
                          ---------
For the Appellants:       Mr. Ratnesh Kumar, S.C. (L&C)-I
                          ---------
Dated: 13.01.2025
M.S. Ramachandra Rao, C.J.(Oral)

I.A. No. 3817 of 2023:

1) The Interlocutory Application is filed under Section 5 of the

Limitation Act, 1963 to condone delay of 860 days in filing this appeal

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challenging the judgment of the learned Single Judge passed on

22.11.2018 in W.P. (S) No. 4203 of 2015.

2) In the application filed seeking condonation of delay, it is stated

that after receiving approval from Finance Department, instructions

were given for preparation of common grounds of appeal in the instant

case and in the connected matters, but no appeal was preferred

against the impugned judgment though it was preferred in the other

matters, due to inadvertence.

3) By any stretch of imagination, the period of 860 days in filing the

appeal is inordinate and, negligence is writ large on this conduct on

the part of the appellants.

4) We see no reason to condone the said period of delay in filing

the appeal. Therefore, this application is dismissed. Consequently, the

appeal is also dismissed, not only for the aforesaid reason, but also

for the reason that in an order dt. 03.10.2023 in L.P.A. No.100 of

2021, the common order passed in W.P.(S) No. 4203 of 2015 has

since been upheld.

(M.S. Ramachandra Rao, C.J.)

(Gautam Kumar Choudhary, J.) Manoj/Pramanik/Cp.2

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