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Patna High Court - Orders

The State Of Bihar & Ors vs Ram Payare Prasad Singh & Ors on 18 November, 2009

Author: S. K. Katriar

Bench: S. K. Katriar

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  LPA No.1443 of 2009
                             THE STATE OF BIHAR & ORS
                                            Versus
                         RAM PAYARE PRASAD SINGH & ORS
                                         -----------
                                   I.A. No. 7285 of 2009

2.   18.11.2009

Mrs. Nilu Agrawal, learned Government Advocate, presses this interlocutory application which is in the nature of a condonation application. It is stated therein that the dealing clerk sat over the matter leading to delay of 1058 days in filing this appeal. She also places the show-cause notice dated 2.11.2009 (Annexure-10), from the Superintendent of Police, Kaimur at Bhabua, to the concerned clerk, Ajit Kumar, as to why action be not taken against him in accordance with law. In the facts and circumstances of this case, the delay in filing this appeal is hereby condoned subject to the objection that might be raised by the respondents at the time of disposal of the appeal, and deposit of costs of Rs.5,000/- with the High Court Legal Services Committee, Patna, within a period of four weeks'. I.A. No. 7285 of 2009 is accordingly disposed of.

The Superintendent of Police, Kaimur at Bhabua shall place on record the action taken against the concerned clerk which shall be considered at the time of the disposal of the appeal and the provisional condonation of delay. I.A. No. 7286 of 2009 Learned counsel for the appellant presses this interlocutory application wherein it is prayed that there may be stay of operation of the said order. In the facts and 2 circumstances of the case, there shall be stay of order dated 18.1.2007, passed in C.W.J.C. No.10603 of 2003, until further orders of this Court.



                                   ( S. K. Katriar ,J. )


Vinay/                           (Kishore K. Mandal, J.)