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The State Of Bihar & Ors vs Smt. Kusum Lata Yadav & Ors on 28 July, 2014

Bench: Chief Justice, Ashwani Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Letters Patent Appeal No.800 of 2013
                                                         In
                                  Civil Writ Jurisdiction Case No. 6840 of 1999
                                                       With
                                   Interlocutory Application No.4617 of 2013
                                                         In
                                     Letters Patent Appeal No.800 of 2013
                   ======================================================
                   The State of Bihar & Ors
                                                                           .... ....   Appellant/s
                                                       Versus
                   Smt. Kusum Lata Yadav & Ors
                                                                          .... .... Respondent/s
                   ======================================================
                   Appearance :
                   For the Appellant/s     :      Mrs. Nilu Agrawal, G.A. 6
                                                  Mr. Zaki Haider , A.C. to G.A.-6
                   For the Respondent/s       :   Mr. Madhusudan Kumar, Advocate
                   ======================================================
                   CORAM: HONOURABLE THE CHIEF JUSTICE
                             And
                             HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
                   ORAL ORDER
                   (Per: HONOURABLE THE CHIEF JUSTICE)


10.   28-07-2014

Interlocutory Application No.4617 of 2013 This application under Section 5 of the Limitation Act has been filed by the appellant-State of Bihar for condonation of delay of 2 years and 31 days occurred in filing the Letters Patent Appeal.

On perusal of the application and the supporting affidavit it appears that the officers of the State Government Patna High Court LPA No.800 of 2013 (10) dt.28-07-2014 2/3 did not challenge the order made by the learned single Judge under the presumption that the matter was governed by the judgment and order dated 26th September 2011 passed by the Division Bench of this Court in a group of writ petitions in the same subject matter.

The Application is contested by the respondents- writ petitioners. Learned advocate Mr. Madhusudan Kumar has appeared for the respondents-writ petitioners. He has submitted that not only the Appeal is grossly belated; the appellant-State of Bihar has failed to make out a cause for delay much less the sufficient cause. He has submitted that it is not in the interest of justice to condone inordinate and unexplained delay. In support of his submission Mr. Madhusudan Kumar has relied upon the judgment of the Hon'ble Supreme Court in the matter of Brijesh Kumar & Ors. Vs. State of Haryana and Ors. [2014(2) BLJ (SC) 97] and of this Court in the matter of The Principal Secretary, Department of Home, Government of Bihar & Ors. Vs. Jagdish Prasad Mallick & Anr. [2014 (1) PLJR 663].

He has submitted that the delay cannot be condoned merely on sympathetic ground.

We have perused the aforesaid judgments. It is indisputable that the appellants have caused gross delay in filing the Appeal. However, the matter at issue has wide repercussions. The circumstances call for intervention by this Court.

For the aforesaid reasons, Application is allowed. Delay is condoned on condition that the appellant-State of Bihar pays a cost of Rs.1500/- to each respondent-writ petitioner. The Patna High Court LPA No.800 of 2013 (10) dt.28-07-2014 3/3 amount of cost will be paid within three weeks from today.

(R.M. Doshit, CJ) (Ashwani Kumar Singh, J) Sunil/-

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