The State Of Jharkhand vs Ajit Kumar Deo
2025 Latest Caselaw 630 Jhar

Jharkhand High Court

The State Of Jharkhand vs Ajit Kumar Deo on 8 July, 2025

Author: Rajesh Shankar

Bench: Rajesh Shankar

                                                             2025:JHHC:18225-DB




      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      I.A. No. 3402 of 2025
                               In/And
                      L.P.A. No. 315 of 2025

     1. The State of Jharkhand
     2. The Secretary, Water Resources Department, Government of Jharkhand,
        having its office at Project Building, P.O. & P.S. Dhurwa, District-Ranchi
     3. The Chief Engineer, Subernrekha Multi Project, Chandil, P.O. & P.S.-
        Chandil, District East Singhbhum, Jharkhand...         ... Appellants
                                  Versus
     1. Ajit Kumar Deo, son of Late Laxmi Deo, resident of Village Taraghat,
        P.O. & P.S. Jasidih, District Deoghar, Jharkhand
     2. Jaideo Prasad Singh, son of Late Shesha Prasad Singh, resident of
        Village Jhalpur, P.O. & P.S. Deoghar, District-Deoghar, Jharkhand
                                                       ...     ...   Respondents
                                  ---------

     CORAM:           HON'BLE THE CHIEF JUSTICE
               HON'BLE MR. JUSTICE RAJESH SHANKAR
                             ---------
     For the Appellants:     Mr. Sachin Kumar, AAG-II
     For the Respondents:
                             --------
     Reserved on: 02.07.2025           Pronounced on: 08 / 07 /2025
     M.S. Ramachandra Rao, C.J.(Oral)

1) The instant interlocutory application is filed by the applicants for

condonation of delay of 1965 days in filing the Letters Patent Appeal

challenging the judgment dt. 22.9.2017 in W.P.(S) No. 1255 of 2013 of

the learned Single Judge.

2) In the application filed seeking condonation of delay the applicants

contend that they had previously filed L.P.A. No. 624 of 2017 against

the judgment of the learned Single Judge with an application for

condonation of delay, but withdrew the same on 6.2.2024 for filing of

2025:JHHC:18225-DB

a review application. Thereafter, they filed C. Rev. No. 67 of 2024

which was also dismissed on 20.9.2024.

3) It is contended in the application by the applicants that after the copy of

the judgment in the review application was received on 25.9.2024, it

was decided to prefer an LPA against the order dt. 22.9.2017 in W.P.(S)

No. 1255 of 2013.

4) Thereafter steps were taken by sending the file to the office of the

Additional Secretary of the applicant Department, then to the Advocate

General and again to the Department, and ultimately the appeal was

filed on 3.3.2025.

5) Having withdrawn the LPA No. 624 of 2017 against the impugned

judgment dt.22.9.2017 with liberty to file a Civil Review , the

applicants cannot be permitted to file an LPA again against the same

judgment of the learned single Judge in the Writ petition. At best, they

can challenge in LPA, the order passed in the C. Rev. No. 67 of 2024 if

such challenge is permitted by law.

6) The conduct of the applicants in withdrawing the LPA No. 624 of 2017,

waiting for the review to be dismissed on 20.9.2024 and then filing the

LPA again against the judgment dt. 22.9.2017 cannot be countenanced.

The withdrawal of the LPA No. 624 of 2017 estops them from

challenging again by LPA the judgment dt. 22.9.2017 passed in the writ

petition.

7) In any event, the delay of 1965 days in filing the Letters Patent Appeal

is inordinate and there is no sufficient cause to accept the reason

assigned for condoning the said period of delay.

2025:JHHC:18225-DB

8) Therefore, the application for condonation of delay is dismissed.

Consequently, the Letters Patent Appeal is also dismissed.

9) All pending applications shall stand closed.

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

(Rajesh Shankar, J.) A.F.R. Sharda/-

c.p.02