Jharkhand High Court
The State Of Jharkhand vs Ram Naresh Ram on 17 January, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 117 of 2023
(with I.A. No.2610 of 2023)
1. The State of Jharkhand
2. The Secretary, Road Construction Department, Government of
Jharkhand, Project Bhawan, HEC Dhurwa, P.O.- Dhurwa, P.S.-
Jagarnathpur, District - Ranchi
3. The Secretary, Department of Finance, Government of Jharkhand,
Project Bhawan, HEC Dhurwa, P.O.- Dhurwa, P.S.- Jagarnathpur,
District - Ranchi
4. The Chief Engineer, Kendriya Nirupan Sanghathan, Road
Construction Department, Artison Hostel, Ground Floor, Block A,
HEC, Dhurwa, P.O.- Dhurwa, P.S.- Jagarnathpur, District - Ranchi
5. The Executive Engineer, Road Construction Department, Road
Division, Khunti, P.S. & P.O.- Khunti, District - Khunti.
...... Appellants/Respondents
Versus
1. Ram Naresh Ram, Son Late Mahraj Ram, resident of Janta Flat 23/6,
Harmu Housing Colony, P.C.- Harmu, P.O.- Harmu, P.S.- Argora,
District - Ranchi.
...... Respondent/Writ Petitioner
2. The Accountant General, Jharkhand, P.O. and P.S.- Doranda,
District - Ranchi.
...... Respondent Performa/Respondent
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Appellants: Mr. Ashok Kumar Yadav, Sr. S.C.-I
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Reserved on: 16.12.2024
Pronounced on: 17/01/2025
Per M.S. Ramachandra Rao, C.J.
(I.A. No.2610 of 2023 in L.P.A. No. 117 of 2023)
1) This application is filed under Section 5 of the Limitation Act,
1963 to condone the delay of 885 days in filing this Letters Patent
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Appeal challenging the judgment dt. 22.11.2018 of the learned Single
Judge in W.P. (S) No.1717 of 2017.
2) In the application seeking condonation of delay, the period of
delay is left blank.
However, it is stated that the copy of the impugned judgment
was made available to the applicants in February 2019; thereafter, a
letter was sent to the Department of Finance seeking further advice and
instructions were given to prepare common grounds of appeal after
getting approval from the Finance Department.
It is contended that inadvertently, in analogous cases, Letters
Patent Appeals were filed, but this appeal, which relates to a different
Road Division, got left out and it was only during the hearing of L.P.A.
No.100 of 2021 on 24.03.2022, that it was realized that no appeal was
filed against the judgment in W.P. (S) No.1717 of 2017.
Thereafter, steps were taken to prefer the instant appeal, which
was filed on 13.03.2023.
3) Firstly, when the judgment was pronounced by the learned Single
Judge on 22.11.2018 in W.P. (S) No.1717 of 2017 and the said order
was passed in the presence of the counsel for applicants herein, it was
their duty to apply for certified copy of the judgment and then file the
appeal.
The certified copy filed along with the appeal shows that it
was applied for on 15.03.2023 and secured on 04.05.2023. There is no
explanation for this inaction in applying for certified copy of the
judgment of the learned Single Judge at all.
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Even after discovering that the appeal was not filed on
24.03.2022, why application for certified copy was not filed till
14.03.2023 is not indicated anywhere.
The applicants ought to have immediately taken steps at least
after March, 2022 to file the appeal, but they have been totally
negligent as the appeal admittedly was filed almost one year later on
13.03.2023.
4) In the facts and circumstances of the case, we are satisfied that
sufficient cause has not been shown to condone the inordinately long
period of delay of 885 days in filing the appeal.
5) Accordingly, this application is dismissed. Consequently, the
appeal is also dismissed.
6) Pending Interlocutory Applications, if any, stand disposed of.
(M.S. Ramachandra Rao, C.J.)
(Deepak Roshan, J.)
N.F.R.
Manoj/-
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