Patna High Court
Uday Kumar vs The State Of Bihar on 4 February, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVIEW No.129 of 2022
In
Letters Patent Appeal No.1495 of 2013
======================================================
Uday Kumar, son of Arjun Prasad Singh, resident of House No. 39, Village-
Chero, P.O. Chero, P.S. Sarmera, District- Nalanda.
... ... Petitioner.
Versus
1. The State of Bihar through the Principal Secretary, Human Resources
Department, Government of Bihar, Patna.
2. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
3. The District Magistrate, Nalanda.
4. The District Programme Officer (Establishment), District- Nalanda.
5. The District Education Officer, Nalanda.
6. The Block Development Officer, Sarmera, District- Nalanda.
7. The Block Education Parsar Officer, Sarmera Block, District- Nalanda.
8. Smt. Milawa Devi at present Mukhiya Chero Panchayat, resident of Village-
Chero, P.S. Sarmera, District- Nalanda.
9. The Panchayat Secretary, Chero Gram Panchayat, P.S. Sarmera, District-
Nalanda.
10. Sri Parmanand Sinha (the then Counseling Member) at present Head Master,
High School Sarmera, P.S. Sarmera, District- Nalanda.
11. Chandra Bhanu Singh, son of Parmanand Sinha at present Primary
Panchayat Teacher Upgraded Middle School Birindawan, P.S. Sarmera,
District- Nalanda.
... ... Opposite Parties.
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar, Advocate.
For the State : Mr. Ram Vinay Prasad Singh, AC to GA-XII.
For the Private Respondent: Mr. Rajeev Kumar Singh, Advocate.
Mr. Prabhojot Singh, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 04-02-2025
I.A. No.1 of 2023:
Heard I.A. No.1 of 2023 for condonation of a delay of
Patna High Court C. REV. No.129 of 2022 dt.04-02-2025
2/3
about 3 years and 20 days in filing the present Civil Review
No.129 of 2022 insofar as reviewing the order dated 15.05.2017
passed in L.P.A. No.1495 of 2013.
2. The reasons assigned for condonation of delay of
about 3 years and 20 days are stated in paragraphs-2 to 5 of I.A.
No.1 of 2023. Paragraphs 2 to 5 of I.A. No.1 of 2023 are read
as under:
"(2) That it is submitted that the counsel of the
appellant/petitioner not informed to the
petitioner regarding result of L.P.A.
No.1495 of 2013 till March 2020
thereafter Lockdown petitioner/appellant
enquired the instant case the then he know
L.P.A. No.1495/2013 already dismissed on
15.05.2017
.
(3) That it is submitted that thereafter the
petitioner to advise of another advocate and
who advised to him to file present civil
review petition.
(4) That it is submitted that then the petitioner is
a poor man and not arranged money after
advice of another advocate.
(5) That it is humbly submitted that
appellant/petitioner arranged money of
other sources and contract with present
counsel.
In this regard it is submitted that the
Patna High Court C. REV. No.129 of 2022 dt.04-02-2025
petitioner/ appellant is unemployed man
and as such in arranging money he took
some time and as such he could not file
the instant civil review petition within
stipulated time."
3. The aforementioned reasons are not sufficient to
condone the enormous delay of about 3 years and 20 days.
Resultantly, review petitioner has not made out a case for
condonation of delay of about 3 years and 20 days in filing the
present Civil Review No.129 of 2022 and I.A. No.1 of 2023
stands dismissed.
Civil Review No.129 of 2022:
4. Resultantly, Civil Review No.129 of 2022 stands
dismissed.
(P. B. Bajanthri, J)
( Sunil Dutta Mishra, J)
P.S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.02.2025.
Transmission Date NA
