Patna High Court - Orders
Birendra Narayan Prasad Verma vs The State Of Bihar & Ors on 18 June, 2012
Author: Prakash Chandra Verma
Bench: Prakash Chandra Verma, Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1576 of 2010
In
Civil Writ Jurisdiction Case No. 6499 of 2004
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1. Birendra Narayan Prasad Verma S/O Late Baidnath Prasad R/O Vill.-
Inerva, P.S.- Ramgarhwa, Distt.- East Champaran
.... .... Appellant
Versus
1. The State Of Bihar
2. Finance Commissioner, Govt. Of Bihar, Old Secretariat, Patna
3. The Registrar, Cooperative Department, Govt. Of Bihar, Patna
4. The Joint Registrar, Cooperative Societies, Govt. Of Bihar, Patna
5. The Joint Secretary (Co-Operative Deptt.) Govt. Of Bihar, New
Secretariat, Patna
6. The District Audit Officer Co-Operative Societies, Laheria Sarai, At
Darbhanga
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Uma Shanker Verma
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA
AND
HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA)
8 18-06-2012This letters patent appeal has been filed against the order dated 26.07.2010 passed by the learned Single Judge in 2 Patna High Court LPA No.1576 of 2010 (8) dt.18-06-2012 2/2 CWJC No. 6499 of 2004, whereby the application for condonation of delay has been rejected and the writ petition has been dismissed.
The explanation given by the appellant-petitioner was that he was pursuing the remedy before the Lokayukta. It is noted that the petitioner was not diligent and was sleeping over his right to challenge but on ill-advise a wrong forum was chosen by the appellant. Therefore, he was entitled to the benefit of Section 14 of Limitation Act. Therefore, the order of the learned Single Judge is set aside. This L.P.A. is allowed and C.W.J.C. No. 6499 of 2004 is restored to its original number.
List for admission before the appropriate Bench.
(Prakash Chandra Verma, J) Mkr./-
(Chakradhari Sharan Singh, J)