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The State Of Bihar & Ors vs Md. Nasiruddin & Ors on 24 September, 2013

Bench: Chief Justice, Ashwani Kumar Singh

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Letters Patent Appeal No. 1813 of 2012
                                                    In
                             Civil Writ Jurisdiction Case No. 11253 of 2006
                                                  With
                               Interlocutory Application No. 7627 of 2012
                                                  With
                               Interlocutory Application No. 7628 of 2012
                                                  With
                               Interlocutory Application No. 4647 of 2013
                                                  With
                               Interlocutory Application No. 4648 of 2013
                                                    In
                                 Letters Patent Appeal No. 1813 of 2012.
                ======================================================
                The State of Bihar & Ors.                            .... .... Appellants

                                         Versus
                Md. Nasiruddin & Ors.                    .... .... Respondents
                ======================================================
                Appearance:
                For the Appellant/s:        Md. Anis Akhtar, AC to GA 3.

                For the Respondent no. 1:  Mr. Sanjay Singh, Advocate.
                ======================================================
                CORAM: HONOURABLE THE CHIEF JUSTICE
                       and
                       HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH

                ORAL ORDER

                (Per: HONOURABLE THE CHIEF JUSTICE)

11 24-09-2013

Re. Letters Patent Appeal No. 1813 of 2012, Interlocutory Application No. 4647 of 2013 & Interlocutory Application No. 4648 of 2013. Learned advocate Md. Anis Akhtar appears for the appellant State of Bihar. Mr. Akhtar states that the respondent nos. 2 to 5 are the proforma parties. No relief has been granted to the respondent nos. 2 to 5; nor is any relief claimed against the respondent nos. 2 to 5. He, therefore, seeks leave to delete the names of the respondent nos. 2 to 5 from the cause title of the Appeal.

Leave is granted.

The names of the respondent nos. 2 to 5 are deleted from the cause title. Necessary correction in the cause title will be made in red ink within one week from today.

Interlocutory Application Nos. 4647 of 2013 & 4648 of 2013 are rejected.

Re. Interlocutory Application No. 7627 of 2012. This application under Section 5 of the Limitation Act has been filed by the appellant State of Bihar for condonation of delay of 1 year and 100 days occurred in filing the Letters Patent Appeal.

According to the appellant, the delay has partially been caused on account of the appellant's pursuing the remedy of review before the learned single Judge.

On the facts and in the circumstances of the case, the delay is condoned on condition that the appellant State of Bihar pays a cost of Rs. 1,000/- (One thousand) to the respondent no. 1- writ petitioner.

Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 1813 of 2012. Admit.

Re. Interlocutory Application No. 7628 of 2012. Pending the Appeal, there shall be interim stay of the operation and implementation of the impugned judgment and order dated 17th May 2011 passed by the learned single Judge in CWJC No. 11253 of 2006.

(R.M. Doshit, CJ) (Ashwani Kumar Singh, J) Dilip.