Patna High Court - Orders
The State Of Bihar & Ors vs S.M.Abu Hamid on 13 November, 2014
Author: Anjana Mishra
Bench: Anjana Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1263 of 2014
In
Civil Writ Jurisdiction Case No. 6131 of 2010
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The State Of Bihar & Ors
.... .... Appellant/s
Versus
S.m.abu Hamid
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Md. Anis Akhtar., AC to GA 1
For the Respondent/s : Mr. Anup Kumar Chongdar
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CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI
and
HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE I. A. ANSARI)
3 13-11-2014I.A. No. 6857 of 2014 has been filed by the appellants, under Section 5 of the Limitation Act, seeking condonation of delay of two years and 263 days in preferring the present letters patent appeal against the order, dated 13.9.2011, passed by the learned single Judge in C.W.J.C. No. 6131of 2010.
Heard learned counsel for the appellants and learned counsel for the respondent.
Having considered the reasons assigned in the present petition seeking condonation of delay, in preferring appeal, and having heard the learned counsel for the parties, this Court is satisfied that the appellants were prevented by sufficient causes from preferring the appeal within time.
Considering, however, the fact that there has been sufficient delay, we are of the view that though the appellants have been able to make out a case calling for condonation of delay in preferring the Patna High Court LPA No.1263 of 2014 (3) dt.13-11-2014 2 appeal, the delay shall be condoned, subject to payment of Rs.1000/- (One thousand only) to the learned counsel appearing on behalf of respondent within four weeks. In view of the above, the delay of two year and 263 days, in preferring the letters patent appeal, is hereby condoned subject to fulfilling the aforesaid condition.
I.A. No. 6857 of 2014 shall stand disposed of Let this appeal come up under the heading "For Admission" on 15.12.2014.
(I. A. Ansari, J)
Snkumar/- (Anjana Mishra, J)
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