Patna High Court
Sushil Kumar, Force No. 903053882 vs The Union Of India on 30 January, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.644 of 2019
In
Civil Writ Jurisdiction Case No.4574 of 2006
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Sushil Kumar, Force No. 903053882 S/o Shri Rajeshwari Prasad Singh R/o
Village-Pyarepur, P.S.-Sarmera, District-Nalanda
... ... Appellant/s
Versus
1. The Union of India through the Secretary, Government of India, Ministry of
Home Affairs, Lok Nayak Bhawan, Khan Market, New Delhi
2. The Director General Central Reserve Police Force, Central Government,
Office Complex, Block No. 1, Lodi Road, New Delhi
3. The Dy. Inspector General (COMNS) Directorate General CRPF, C.G.O.
Complex, Lodi Road, New Delhi-110003
4. Director General C.R.P.F. C.G.O. Complex, Lodi Road, New Delhi-110003
5. The Commandant 3 Signal BN, C.R.P.F., Salt Lake, Kolkata (W.B.)
6. The Commandant 23 BN, Central Reserve Police Force, At T.T.A.A.D.C.
Complex, Khumlwng, Distt-Ziraniya, West Tripura
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Arun Kumar, Advocate
For the Respondent/s : Mr. Raj Kamal, CGC
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 30-01-2024
Heard I.A. No.02 of 2024 for limitation.
2. There is delay of 05 years 2 months and 26
Patna High Court L.P.A No.644 of 2019 dt.30-01-2024
days in preferring the present L.P.A. against judgment and order
dated 20.02.2024 passed in C.W.J.C. No.4574 of 2006.
3. Earlier, an application for condonation of
delay was filed and it was bereft of reasons and it was rejected
reserving liberty to Appellant to file better interlocutory
application while assigning reasons. In the result, I.A. No.2 of
2024 was filed on 18.01.2024, reasons for enormous delay of 05
years 02 months and 26 days has been narrated at paragraph
nos. 5 to 9 of the application.
4. Reading of the aforementioned paragraphs, it
is only narrating story relating to death of Appellant's father and
it was in the year 2014 and his wife was suffering from various
illness during the year 2007 to this day. We do have sympathy in
respect of reasons of the fact that Appellant's father died and his
wife is suffering from certain illness that does not mean that
Appellant cannot approach counsel in order to file L.P.A. within
a reasonable period of time or even if there is some delay and
not delay of 05 years, 2 months and 26 days.
5. Therefore, enormous delay of 05 years 02
months and 26 days cannot be condoned, in the light of the fact
that sufficient cause has not been shown to condone the
aforementioned period and to entertain L.P.A.
Patna High Court L.P.A No.644 of 2019 dt.30-01-2024
6. Accordingly, I.A. No. 02 of 2024 stands
dismissed and L.P.A. No. 644 of 2019 also dismissed.
(P. B. Bajanthri, J)
( Ramesh Chand Malviya, J)
S.Katyayan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01.02.2024
Transmission Date NA
