Ram Chandra Prasad vs The State Of Bihar
2025 Latest Caselaw 2903 Patna

Patna High Court

Ram Chandra Prasad vs The State Of Bihar on 26 June, 2025

Author: Partha Sarthy

Bench: Partha Sarthy

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Letters Patent Appeal No.135 of 2022
                                           In
                      Civil Writ Jurisdiction Case No.7874 of 2021
     ======================================================
     Ram Chandra Prasad, Son of Singeshwar Prasad, Resident of Village-
     Ratanpur, P.O.-Ali Nagar, P.S.-Suryagarha, District-Lakhisarai (Bihar).


                                                                  ... ... Appellant/s
                                         Versus
1.   The State of Bihar through the Principal Secretary, Rural Works Department,
     Government of Bihar, Patna.
2.   The Engineer-in-Chief, Rural Works Department, Bihar, Patna.
3.   The Chief Engineer, Rural Works Department, Work Anchal, Munger.
4.   The Executive Engineer, Rural Works Department, Works Division, Jamui-
     2.
5.   The Block Development Officer, Katoriya, District-Banka.


                                                                ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s      :      Mr. Binod Murari Mishra, Advocate
     For the Respondent/s     :      Mr. AC to GA-5
     ======================================================
     CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
                and
                HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 26-06-2025

Heard the learned counsel for the parties.

2. The appellant was not paid his salary Patna High Court L.P.A No.135 of 2022 dt.26-06-2025

from 01.11.2008 till 31.01.2012.

3. The appellant kept on representing

before the authorities concerned, but chose to approach

this Court only in the year 2021, without assigning any

reason for bringing the matter to the Court after such a

long time.

4. Precisely on that ground, the

appellant/writ-petitioner was non-suited for laches.

5. It is quite late in the day to reiterate the

principle that under Article 226 of the Constitution of

India, a writ-Court is required to see whether the person

invoking the jurisdiction is or is not guilty of unexplained

delay and laches.

6. The learned Single Judge vide his

judgment dated 11.02.2022, passed in C.W.J.C. No.

7874 of 2021, has rightly found that the appellant/writ-

petitioner was a Junior Engineer and, therefore, he ought

not to have slept over his own cause.

7. We find no reason to interfere with the Patna High Court L.P.A No.135 of 2022 dt.26-06-2025

judgment passed by the learned Single Judge.

8. The appeal is dismissed.

(Ashutosh Kumar, ACJ)

(Partha Sarthy, J) Praveen-II/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          27/06/2025
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