Patna High Court
The State Of Bihar vs Shiv Shankar Jha on 10 January, 2023
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.782 of 2019
In
Civil Writ Jurisdiction Case No.2687 of 2012
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1. The State Of Bihar through the Principal Secretary, Human Resources De-
velopment Department, Government of Bihar, Patna.
2. The Director, Human Resources Development Department, Government of
Bihar, Patna.
... ... Appellant/s
Versus
1. Shiv Shankar Jha S/o Sharda Kant Jha R/o Village and P.O.- Patuaha, P.S.
and District- Saharsa.
2. Amrendra Kumar Mishra S/o Lt. Dinesh Prasad Mishra R/o Ward No.21,
Mufti Mohalla, Besides Janki Mandir, P.S.- Town Thana, Kila Ghat, Darb-
hanga.
3. Pratap Bhanu Yadav S/o Late Sirtaj R/o Village and P.O., P.S.- Narpatganj,
District- Araria.
4. Shankar Yadav Son of Basudeo Lal Yadav Resident of Mohalla- Laxmi
Sagar, Chunna Bhatthi, P.S.- L.N.M.U., Police Station, District- Darbhanga.
5. Krishna Kumar Houdhary S/o Late Bagish Chandra Choudhary Resident of
Mohalla- Laxmi Sagar, P.S.- Sadar, District- Darbhanga.
6. Ashok Kumar Arvind S/o Sri Sri Gauri Shankar Lal Das R/o Village and
P.O.- Hatadhrupouli, P.S.- Bhairav Asthan, District- Madhubani.
7. Nand Kishore Mehra S/o Late Shanta Prasad Mehra Pathia Bazar, P.S.-
Danapur Cant, Patna.
8. The Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga
through its Registrar.
9. The Syndicate, L.N. Mithila University, Darbhanga through its Chairman.
10. The Vice Chancellor, L.N. Mithila University, Darbhanga.
11. The Financial Advisor, L.N. Mithila University, Darbhanga.
12. The Registrar, L.N. Mithila University, Darbhanga.
13. The Finance Officer, L.N. Mithila University, Darbhanga.
14. The Approval, Seniority and Pay- Faxation Committee and Finance Com-
mittee, L.N. Mithila University, Darbhanga through its Chairman-cum- the
Vice- Chancellor.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ranjan Kumar, AC to GA 12
For the State : Ms. Binita Singh, Advocate
Patna High Court L.P.A No.782 of 2019 dt.10-01-2023
2/3
For the private respondent ; Mr. Purushottam Kumar Jha, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 10-01-2023 Re: I.A. No. 1 of 2019 Heard I.A. No. 1 of 2019 for condonation of delay of 151 days in filing the present L.P.A.
2. For the reasons stated in the application and affidavit, delay of 151 days in filing L.P.A. stands condoned. I.A. No. 1 of 2019 stands allowed.
3. With the consent of learned counsels for the respective parties, main matter is taken up for final disposal.
4. Perusal of the order of the learned Single Judge, both the respective counsels who have appeared before the learned Single Judge have given consent for disposal of the C.W.J.C. No. 2836 of 2012 and connected matters on 03.01.2019. Now in the L.P.A., learned State counsel is trying to distinguish with the factual aspect of the petitioners' matter and to that of cited decision by the learned Single Judge. In such an event, State has a remedy of filing Review Application instead of L.P.A. Patna High Court L.P.A No.782 of 2019 dt.10-01-2023 3/3
5. Accordingly, the present L.P.A. stands dismissed reserving liberty to the State to file Review Petition before the learned Single Judge, in accordance with law.
(P. B. Bajanthri, J) ( Arun Kumar Jha, J) GAURAV S./-
AFR/NAFR CAV DATE Uploading Date 13.01.2023 Transmission Date