Manish Kumar vs The State Of Bihar
2023 Latest Caselaw 4085 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.15342 of 2022
     ======================================================

Manish Kumar Son of Late Ram Bilas Singh @ Ram Bilash Singh Resident of Village- Baijnathpur, P.S.- Wajirganj, District- Gaya.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Home Department, Govt.

of Bihar, Patna.

2. The Divisional Commissioner, Magadh Division, Gaya.

3. The District Magistrate, Gaya.

4. The Senior Superintendent of Police, Gaya.

5. The Sub Divisional Police Officer, Sadar, Gaya.

6. The Officer in Charge, Wajirganj Police Station, District- Gaya.

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

For the Petitioner/s : Mr.Rajesh Kumar Chaudhary, Adv. For the Respondent/s : Mr. Manoj Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 28-08-2023

The present writ petition has been filed for quashing the

order dated 25.9.2022, passed by the learned Divisional

Commissioner, Magadh Division, Gaya, whereby and

whereunder the appeal, filed by the petitioner, has been

dismissed on account of being barred by limitation.

2. The learned counsel for the petitioner has submitted that

for cogent reasons, the petitioner could not file the appeal in

time, hence, some sympathy be shown and the appeal of the

petitioner be directed to be decided on merits.

3. Per contra, the learned counsel for the Respondent-State Patna High Court CWJC No.15342 of 2022 dt.28-08-2023

has though opposed the prayer made by the petitioner in the

present case, however, submits that in case, the matter is

remanded back, the learned Divisional Commissioner, Magadh

Division, Gaya, shall decide the case of the petitioner on merits.

4. Having regard to the facts and circumstances of the case,

I find that in the interest of justice and considering the equities, it

would be appropriate that the matter is remanded back to the

Divisional Commissioner, Magadh Division, Gaya to decide the

Appeal filed by the petitioner on merits, hence, the order dated

25.9.2022, passed by the Ld. Divisional Commissioner, Magadh

Division, Gaya, in Arms Appeal No. 74/2018 is quashed,

however the matter is remanded back to him for fresh

consideration on merits.

5. The present writ petition stands disposed off on the

aforesaid terms.

(Mohit Kumar Shah, J)

Ajay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          29.08.2023
Transmission Date       NA