Patna High Court
The State Of Bihar vs Deogati Singh on 18 February, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.615 of 2021
======================================================
1. The State of Bihar through the Commissioner and Secretary, Finance
Department, Govt. of Bihar, Patna.
2. The Commissioner, Patna Division, Patna.
3. The Collector, Patna.
4. The Treasury Officer, Sachiwalaya Treasury, Sinchai Bhawan, Patna.
... ... Appellant/s
Versus
Deogati Singh Son of Late Sanjeevan Singh Resident of Village- PIT Colony,
P.S.- Kankarbagh, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Saroj Kumar Sharma (A.C. To A.A.G.3)
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 18-02-2025
Re:- I.A. No. 02 of 2021
The appellants have assailed the order of the learned
Single Judge dated 16.08.2018 passed in C.W.J.C. No. 10256 of
2004. There is delay of about 3 years and 36 days in filing the
L.P.A. No. 615 of 2021 for which I.A. No. 02 of 2021 has been
filed to condone the delay. In para 2 to 6 of the Interlocutory
Application it is stated as under:-
"2. That after pronouncement and
receipt of the court's order the file was moved
and referred to the Law Department and now
to the Advocate General, office for legal
opinion. The legal opinion was recorded on
06.11.2019
by Ld. Additional Advocate
Patna High Court L.P.A No.615 of 2021 dt.18-02-2025
General for filing on LPA before Hon'ble
High Court. The file was thereafter sent back
to the General Administration Department
(GAD) through Law Department, who by
letter no. 15480 dated 18.11.2019 sent it to the
District Magistrate, Patna for the needful
action. The District Magistrate got the
statement of facts prepared and sent it to the
GAD. Later on by letter no. 208 dated
03.02.2020 also intimated the Department
about the remittance of draft statement of
facts and application for condonation of delay
& stay for approval.
3. That due to outbreak of Covid-19
Pandemic since February, 2020 onwards
almost all the departmental work became
paralyzed. It was on 05.02.2021 that file was
again proceeded and referred to the Law
Department for preparation and filing of LPA.
The Law Department thereafter referred the
file to the office of Learned Advocate General
on 11.02.2021 which was marked to the
concerned Law Officer on 12.02.2021.
4. That during the course of
preparation of LPA and obtaining requisite
documents and copies of LC records, the 2 nd
wave of Covid Pandemic occurred as a result
the preparation got virtually paralyzed. Large
number of Advocates including the concerned
advocate of this matter was afflicted by
Covid. After recovery, the preparation of LPA
has now been completed and is being filed
before the Hon'ble Court.
5. That the delay in filing of the
LPA was no intentional and the same was
caused due to circumstances beyond the
control of the appellant due to Corona
Pandemic and cumbersum official procedures.
6. That there will be irreparable
loss to the appellants if the delay caused in
filing the instant application is not condoned
and the appeal is not heard on merits as the
appellants have taken every good grounds for
allowing the present Memo of Appeal."
2. Appellants had cause of action on 15.09.2018. There
Patna High Court L.P.A No.615 of 2021 dt.18-02-2025
is no explanation from 15.09.2018 to 15.03.2020 so as to condone
the delay between 15.03.2020 till filing of present L.P.A. which
covers Covid-19, however, there is no proper cause has been
shown insofar as delay from 15.09.2018 to 15.03.2020. The
aforementioned reasons are not sufficient to condone the delay in
the light of decision of Hon'ble Supreme Court in the case of State
of Madhya Pradesh Vs. Ramkumar Choudhary decided in
[SLP(c) Diary No. 48636 of 2024] on November 29, 2024 read
with H. Guruswamy & Ors. vs. A. Krishnalah reported in 2025
SCC OnLine SC 54. Accordingly, I.A. No. 02 of 2021 for
condonation of delay stands dismissed.
3. Resultantly, L.P.A. No. 615 of 2021 stands
dismissed. Pending I.A.(s), if any, is disposed of.
(P. B. Bajanthri, J)
( Sunil Dutta Mishra, J)
rakhi/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 27.02.2025
Transmission Date
