The State Of Bihar And Anr vs Keshari Nandan Singh
2023 Latest Caselaw 740 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No. 1041 of 2018
                                          In
                    Civil Writ Jurisdiction Case No.7113 of 2011
     ======================================================

1. The State of Bihar

2. The Director, Madhyamik Shiksha, Government of Bihar, Buddha Marg, Patna- 800001.

... ... Appellant/s Versus Keshari Nandan Singh, S/o Late Shambhu Prasad Singh, Acting Headmaster, Shri Vidya Sundar High School, Amlori Sarsar, P.S.- Mufassil, District- Siwan.

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

For the Appellant/s : Mr. Anjani Kumar, AAG-4 Mr. Deepak Sahay Jamuar, AC to AAG- 4 For the Respondent/s : Mr. Krishna Chandra, Advocate Ms. Prakritita Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 10-02-2023 Heard learned counsel for the respective parties.

2. The appellant State has assailed the order of the

learned Single Judge dated 20.06.2016 passed in CWJC NO.

7113 of 2011. There is a delay of 743 days in filing Letters

Patent Appeal.

3. Perusal of the grounds for condonation of delay

sufficient cause has not been shown except stating that file was

being tossed from one office to another office. Such a

reasonings are not sufficient to come to the conclusion that Patna High Court L.P.A No. 1041 of 2018 dt.10-02-2023

sufficient cause has been shown to condone the delay of 743

days. It is to be noted that it is State appeal and they were well

aware in respect of challenge to the order of the learned Single

Judge, there is a time limit, in such matters State authorities

should have taken appropriate steps in filing Letters Patent

Appeal within the time limit stipulated. Invariably, State

appeals are filed belatedly.

4. Recently in the case of the State of Bihar Vs. The

Vice Chancellor and others (LPA No. 365 of 2021) vide order

dated 04.01.2023, we have made a serious observation and also

directed State to evolve a policy relating to monitoring of cases

by the State irrespective of Letters Patent Appeal or any other

matters.

5. Further on merit the matter is squarely covered by

the decision of the Apex Court in the case of State of Punjab

and Others Versus Rafiq Masih (White Washer) reported in

(2015) 4 SCC 334, which has been taken note of by the learned

Single Judge, despite the fact that the matter is covered by Apex

Court decision State has proceeded to file present Letters Patent

Appeal. Therefore, we have to draw inference that the present

Letters Patent Appeal is frivolous and it is not issue relating to

question of law, so as to entertain Letters Patent Appeal by Patna High Court L.P.A No. 1041 of 2018 dt.10-02-2023

condoning the delay.

6. Accordingly, interlocutory application no. 5616 of

2018 for condonation of delay of 743 days stands rejected.

7. In the result, Letters Patent Appeal stands

dismissed.

8. Pending interlocutory application, if any, stands

disposed of.

(P. B. Bajanthri, J)

(Harish Kumar, J) uday/shivank-

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Uploading Date          15.02.2023
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