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Patna High Court - Orders

The State Of Bihar & Ors vs Birendra Kunwar & Ors on 12 December, 2018

Author: Anjana Mishra

Bench: Anjana Mishra

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Letters Patent Appeal No.185 of 2018
                                                      In
                                Civil Writ Jurisdiction Case No.1791 of 2008
                 ======================================================
                 The State of Bihar & Ors.
                                                                          ... ... Appellant/s
                                                    Versus
                 Birendra Kunwar & Ors.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :      Mr. S. Raza Ahmed, A.A.G.-5
                                                Mr. Vishambhar Prasad, A.C. to A.A.G.-5
                 For the Respondent/s    :      Mr.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE JUSTICE SMT. ANJANA MISHRA
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   12-12-2018

Re.: I.A. No. 1028 of 2018 The cause shown is sufficient. The delay condonation application is allowed. The appeal shall be treated to be within time.

Re. L.P.A. No. 185 of 2018 Mr. S. Raza Ahmed, learned Additional Advocate General No. 5 has invited the attention of this Court to the judgement of another learned Single Judge on the same issue in C.W.J.C. No. 1308 of 2016 (Most. Meena Devi V. State of Bihar & Ors.) decided on 19th of August, 2017. It is also informed at the Bar that a Letters Patent Appeal against the said judgment has been filed being L.P.A. No. 1572 of 2017. It would be Patna High Court LPA No.185 of 2018(5) dt.12-12-2018 2/2 appropriate that this appeal is also heard along with the said appeal.

While recording the submissions in the judgment of the writ petition giving rise to this appeal, the learned Single Judge has observed that the legal position has not been disputed by the learned State Counsel.

List accordingly.

(Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) Sunil/-

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