Arun Kumar vs Magadh University, Through The ...
2023 Latest Caselaw 840 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.363 of 2019
                                         In
                 Miscellaneous Jurisdiction Case No.1479 of 2017
     ======================================================

Arun Kumar, Son of Sri Birendra Prasad, Resident of Saket Bhawan, Road No. 13-C, Rajendra Nagar, P.S.- Kadam Kuan, District- Patna.

... ... Appellant/s Versus

1. Magadh University, through the Registrar, Magadh University, Bodh Gaya.

2. The Principal, S.M.D. College, Sripalpur, Punpun, Patna.

3. Sri Ram Raj Singh, (the name of the father not known to the petitioner), Ex-

Principal, S.M.D. College, Sripalpur, Punpun, Patna.

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

For the Appellant/s : Mr. Shivendra Kishore, Sr. Adv.

Mr. Priyank Deepak, Adv.

Mr. Vasant Vikash, Adv.

For the Respondent/s : Mr. Alok Kumar Rahi, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 20-02-2023

Heard the learned counsel for the parties.

The writ petition preferred by the petitioner vide

C.W.J.C. No. 9021 of 2011, seeking a direction to the

respondents to make good the balance payment of Rs.

2,27,655/- was dismissed for non prosecution.

The restoration application vide M.J.C. No. 1479 of

2017 also stood dismissed vide order dated 20.06.2018.

Patna High Court L.P.A No.363 of 2019 dt.20-02-2023

This order (20.06.2018) is under challenge.

Mr. Shivendra Kishore, the learned senior advocate

has argued that on all occasions, the only ground taken by the

Court is the non appearance of the counsel.

We wonder whether this could be a ground for

entertaining the Letters Patent Appeal against the order

dismissing the restoration application in default.

Nonetheless, in order to do complete justice, we have

also gone through the main prayer of the appellant in the writ

petition.

An agreement was entered into between the

respondent University and the writ petitioner sometimes in the

year 2002 for construction of classrooms.

According to the appellant, the work was completed

to a large extent for which some money was paid to him but

approximately, an amount of Rs. 2,27,655/- remained

outstanding, which has yet not been paid.

It is the contention of the appellant that for the

payment of the aforesaid amount, the appellant had been

knocking the doors of the concerned respondent but no avail.

Patna High Court L.P.A No.363 of 2019 dt.20-02-2023

However, we also find that the agreement with the

petitioner was rescinded for which also the appellant has an

explanation, namely, his having fallen ill.

Be that as it may, considering the staleness of the

claim, we are not inclined to enter into the merits of the case

and finding no reason to interfere with the order dated

20.06.2018 by which the M.J.C. Case No. 1479 of 2017

preferred by the appellant was dismissed for non prosecution,

we dismiss this appeal as well.

However, it would be open for the appellant to

approach the concerned authorities for the needful, if so

desired.

                                                                   (Ashutosh Kumar, J)



shivank/sunil-                                                      (Harish Kumar, J)

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Uploading Date          22.02.2023.
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