The State Of Bihar vs Rajendra Yadav
2021 Latest Caselaw 4472 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Letters Patent Appeal No.616 of 2019
                                       In
                 Civil Writ Jurisdiction Case No.16494 of 2016
     ======================================================

1. The State of Bihar Through the Principal Secretary, Public Health

Engineering, Government of Bihar, Patna.

2. The Principal Secretary Public Health Engineering, Government of Bihar,

Patna.

3. The Engineer -in- Chief -cum- Special Secretary Public Health Engineering

Department, Government of Bihar, Patna.

4. The Chief Engineer (Mechanical) Public Health Engineering Department,

Government of Bihar, Patna.

5. The Zonal Chief Engineer Bhagalpur Zone, Department of Public Health

Engineering, Bihar, Patna.

6. The Superintending Engineer Public Health Engineering Circle, Begusarai.

7. The Superintending Engineer Public Health Engineering Circle, Saharsa.

8. The Executive Engineer Public Health Engineering Division, Khagarai.

... ... Appellant/s Versus

1. Rajendra Yadav Son of Late Domi Yadav Resident of Village- Shani Tola,

Ward No. 15, Post - Simri Bakhtiyarpur, District- Saharsa.

2. The Principal Secretary Finance Department, Government of Bihar, Patna.

3. The Principal Secretary General Administration Department, Government of

Bihar, Patna.

4. The District Accounts Officer Khagarai.

5. The Treasury Officer Khagaria.

6. The Accountant General (A and E) Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

     For the Appellant/s    :      Mr. S. Raja Ahmad, AAG-5

                                   Mr. Alok Ranjan, AC to AAG-5

     For the Respondent/s   :      Mr.

Patna High Court L.P.A No.616 of 2019 dt.04-09-2021

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) =======================================================

Date : 04-09-2021

Re: I.A. No. 1 of 2019

The instant Interlocutory Application has been filed

for condonation of delay of 2 years and 53 days in filing the

present appeal.

Without application of mind, in a stereo type manner,

the application has been prepared, bereft of material facts and

particulars, explaining each day's delay.

Relevant portions of the application are reproduced as

under:- "

Patna High Court L.P.A No.616 of 2019 dt.04-09-2021

"

As such, we do not find any reason, sufficient enough

to condone the delay, for each day's delay has not been

explained, much less sufficiently explained by the appellants.

Patna High Court L.P.A No.616 of 2019 dt.04-09-2021

The delay of 2 years and 53 days in filing the appeal

remains unexplained.

As such, Interlocutory Application No. 1 of 2019

stands dismissed.

Re: L.P.A. No. 616 of 2019

Appellants lay challenge to the impugned judgment

dated 23rd of February, 2017 passed by a learned Single Judge of

this Court in CWJC No. 16494 of 2016, titled as Rajendra

Yadav Vs. The State of Bihar & Ors.

In view of dismissal of the Interlocutory Application

No. 1 of 2019, the instant Letters Patent Appeal also stands

dismissed.

Interlocutory Application(s), if any, shall stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Amrendra/P.K.P.

AFR/NAFR
CAV DATE
Uploading Date          08.09.2021
Transmission Date