Lalit Narayan Mithila University vs The State Of Bihar And Ors
2021 Latest Caselaw 4527 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Letters Patent Appeal No.333 of 2019
                                        In
                  Civil Writ Jurisdiction Case No.17983 of 2016
     ======================================================

Lalit Narayan Mithila University kameshwar Nagar,Darbhanga through its Registrar ... ... Appellant/s

Versus

1. The State of Bihar

2. The Principal Secretary, Department of Education,Govt. of Bihar,Patna

3. Dr. Vijay Prasad Singh S/o Late Mithilesh Prasad Singh R/o Professor Colony, Begali tola,P.S. Laheriyasarai,Dist.-Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Ms.Archana Palkar Khopde, Advocate For the Respondent/s : Mr. Ajay Kumar Rastogi, A.A.G. 10 Mr. Shashi Bhushan Singh, Advocate Mr. Rajeev Kumar Singh, Advocate ====================================================== 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 : 08-09-2021

I.A. No.1 of 2019

Having heard learned Counsel for the parties, we

are satisfied that the delay in preferring the present appeal has

been sufficiently explained. The delay condonation application

is allowed. The appeal shall be treated to be within time.

L.P.A. No.333 of 2019

This appeal is directed against the Patna High Court L.P.A No.333 of 2019 dt.08-09-2021

judgments/orders dated 07.08.2018 and 29.08.2018 passed in

C.W.J.C. No. 17983 of 2016, titled as Dr. Vijay Prasad Singh

Vs. The State of Bihar& Ors., by a learned Single Bench of this

Court.

We are unable to comprehend the circumstances

under which the appeal stands preferred by the University, more

so when the error which had crept in the order dated 7.8.2018

stood clarified by the learned Single Judge vide a subsequent

order dated 29th of August, 2018. The statement was made on

behalf of learned counsel for the State and not the University.

At best, it is the State which could have been aggrieved by the

order and not the University.

As such, we dispose of the present appeal,

clarifying that the judgment impugned herein, shall be

considered to have been passed in the peculiar facts and

circumstances of the case.

(Sanjay Karol, CJ)

( S. Kumar, J)

K.C.Jha/-

AFR/NAFR
CAV DATE
Uploading Date          15.09.2021
Transmission Date