Patna High Court
The State Of Bihar vs Ajay Kumar on 28 June, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.658 of 2019
In
Civil Writ Jurisdiction Case No.9562 of 2016
======================================================
1. The State of Bihar through the Chief Secretary, Government of Bihar, Old
Secretariate, Patna.
2. The Principal Secretary, Department of Education, Govt. of Bihar, Patna.
3. The Director, Secondary Education, Govt. of Bihar, Patna.
4. The Regional Deputy Director of Education Tirhut Division, Muzaffarpur.
5. The District Education officer Sitamarhi
6. The District Education Officer Vaishali, Hajipur.
7. The District Programme Officer Education, Establishment, Vaishali at
Hajipur
... ... Appellant/s
Versus
Ajay Kumar, Son of Late Maheshwar Prasad, Resident of Village and P.O.
and P.S.- Kurhani, District- Muzaffarpur.
... ... Respondent
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Appearance :
For the Appellant/s : Mr. Alok Ranjan, AC to AAG-5
For the Respondent/s : Mr.Dhananjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 28-06-2024
Ref: I.A. No. 01 of 2019
Heard I.A. No. 01 of 2019 for condonation of delay
of about 295 days. For condonation of delay of about 295 days,
reasons assigned are very vague as reading of paragraph Nos. 6
to 13, no specific dates and events have been assigned. Very
Patna High Court L.P.A No.658 of 2019 dt.28-06-2024
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vaguely, it is stated that file was sent to the Law Department on
01.11.2018
for seeking advice. Thereafter, it was sent to AAG-5
on 26.12.2018 except these dates no sufficient cause has been
shown to condone the enormous delay of about 295 days.
2. That apart, during pendency of the present
L.P.A., contesting respondent- Ajay Kumar died on 09.05.2021,
whereas I.A. No. 03 of 2024 has been filed in bringing legal
heirs of the Respondent - Ajay Kumar. There is a delay of about
three years. Consequently, there should have been Interlocutory
Application to set aside the abatement of the present
proceedings for the reasons that with reference to date of death
of Ajay Kumar on 09.05.2021, the present proceedings stands
abated after 90 days in the light of provisions under C.P.C. Thus,
in all fairness, State should have filed Interlocutory Application
to set aside the abatement proceedings and so also condonation
of delay in bringing legal heirs of Respondent - Ajay Kumar.
3. Taking note of these facts and circumstances,
I.A. No. 01 of 2019 for condonation of delay stands dismissed.
I.A. No. 03 of 2024 bringing legal heirs stands dismissed. In the
result, L.P.A. No. 658 of 2019 stands dismissed.
Patna High Court L.P.A No.658 of 2019 dt.28-06-2024
4. Accordingly, pending I.As, if any, stands
disposed of.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J)
manish/-
AFR/NAFR NAFR
CAV DATE N.A
Uploading Date 01.07.2024
Transmission Date NA
