Jharkhand High Court
The State Of Jharkhand & Anr vs Prashant Kumar Mishra & Ors on 12 September, 2019
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L. P. A. No. 22 of 2018
The State of Jharkhand & Anr..... .... Appellants
Versus
Prashant Kumar Mishra & Ors........ ..... Respondents
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CORAM : The Hon'ble Mr. Justice Aparesh Kumar Singh The Hon'ble Mr. Justice Kailash Prasad Deo For the Appellants : Mr. Manoj Tandon, A.A.G For the Respondents : Mr. Saurav Arun, Adv.
For Vinoba Bhave University : Mr. Dr. Ashok Kumar Singh,Adv Mr. Shahid Yunus, Adv.
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08/12.09.2019 Interlocutory Application No. 414 of 2018 has been filed on behalf of the appellants seeking condonation of delay of 194 days in preferring the instant Memo of Appeal.
Learned Additional Advocate General Mr. Manoj Tandon submits that official process has resulted in some delay, though there are good grounds on merit to support the challenge and the delay is not intentional on the part of the State.
Learned counsel for the writ petitioners/respondents have opposed the prayer. He submits that delay of day to day has not been explained. State cannot take a plea to explain the delay due to official process without any details.
We have considered the submission of learned counsel for the appellants and respondents and the grounds of official process taken in the instant Interlocutory Application.
On consideration whereof, we condone the delay but with a cost of Rs. 3,000/- to be paid in JHALSA by the appellants within a period of 2 weeks.
The aforesaid I.A stands disposed of.
Learned Additional Advocate General Mr. Manoj Tandon seeks some time to file Letters Patent Appeal against the judgment dated 22nd March, 2018 passed in Civil Review No. 83 of 2017 arising out from the impugned judgment dated 20th June, 2017 passed in the instant writ petition being W.P.(S) No. 4162 of 2013. He submits that it would be proper that present L.P.A be heard along with the appeal to be filed challenging the order passed in civil review.
On account of the aforesaid reason, matter is adjourned for 2 weeks.
(Aparesh Kumar Singh, J) (Kailash Prasad Deo, J.) jk/