Patna High Court - Orders
The State Of Bihar vs Dr. Amod Prabodhi on 30 August, 2023
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.604 of 2023
In
Civil Writ Jurisdiction Case No.8932 of 2020
======================================================
The State of Bihar & Ors.
... ... Appellant/s
Versus
Dr. Amod Prabodhi & Ors.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 622 of 2023
In
Civil Writ Jurisdiction Case No.8932 of 2020
======================================================
Chakravir Kumar
... ... Appellant/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 832 of 2023
In
Civil Writ Jurisdiction Case No.5853 of 2021
======================================================
The State of Bihar & Ors.
... ... Appellant/s
Versus
Raj Laxmi
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 833 of 2023
In
Civil Writ Jurisdiction Case No.17074 of 2022
======================================================
The State of Bihar through the Chief Secretary & Ors.
... ... Appellant/s
Versus
Padam Bhushan Prasad Singh @ Padm Bhushan Prasad Singh
... ... Respondent/s
======================================================
Patna High Court L.P.A No.604 of 2023(10) dt.30-08-2023
2/12
with
Letters Patent Appeal No. 834 of 2023
In
Civil Writ Jurisdiction Case No.433 of 2021
======================================================
The State of Bihar & Ors.
... ... Appellant/s
Versus
Navin Shankar Pathak
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 835 of 2023
In
Civil Writ Jurisdiction Case No.8817 of 2020
======================================================
The State of Bihar & Ors.
... ... Appellant/s
Versus
Digambar Jha
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 836 of 2023
In
Civil Writ Jurisdiction Case No.226 of 2023
======================================================
The State of Bihar & Ors.
... ... Appellant/s
Versus
Rashmi Dutta
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 890 of 2023
In
Civil Writ Jurisdiction Case No.8932 of 2020
======================================================
Shailendra Kumar
... ... Appellant/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
======================================================
with
Patna High Court L.P.A No.604 of 2023(10) dt.30-08-2023
3/12
Letters Patent Appeal No. 1007 of 2023
In
Civil Writ Jurisdiction Case No.8932 of 2020
======================================================
Rajesh Kumar Choudhary
... ... Appellant/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 604 of 2023)
For the Appellant/s : Mr P.K. Shahi, Advocate
Mr. Ravi Kumar (AC to AAG-13)
For the Respondent/s : Mr. Vinay Mistry, Advocate
For Respondent Nos. 1,3,7 and 9: Shri Mrigank Mauli, Sr. Advocate
Mr. Sanket, Advocate
For Respondent Nos. 2 and 8: Shri Satyam Shivam Sundaram, Advocate
For Respondent Nos. 4,5 & 6: Shri Anjani Kumar Jha, Advocate
For LNMU : Mr. Nadim Seraj, Advocate
Mr. Sailesh Kumar, Advocate
For MU : Mr. Siddhartha Prasad Advocate
For BSUSC : Mr. Harsh Singh, Advocate
Mr. Tuhin Shankar, Advocate
For BRA.Bihar University: Mr. Rakesh Kumar Singh, Advocate
For Patna University : Mr. Nadim Seraj, Advocate
For JP University : Mr. Shyam Sundar Kumar, Advocate
For Patliputra University: Mr. Rakesh Kumar Singh, Advocate
For BNM University : Mr. Shyam Sundar Kumar, Advocate
For Munger University : Mr. Shyam Sundar Kumar, Advocate
For Veer Kunwar Singh University: Mr. Ramesh Gupta, Advocate
Dr. Anant Kumar, Advocate
For TMBU : Mr. Ashraf Mustaffa, Advocate
(In Letters Patent Appeal No. 622 of 2023)
For the Appellant/s : Mr. Abhinav Srivastava, Advocate
Mr. Rudrank Shivam Singh, Advocate
Mr. Pushkar Bharadwaj, Advocate
For Respondent Nos. 1,2 & 3: Shri Sarvesh Kumar Singh, AAG-13
Mr. Ravi Kumar (AC to AAG-13)
For the Respondent/s : Mr. Vinay Mistry, Advocate
For LNMU : Mr. Nadim Seraj, Advocate
For MU : Mr. Sidharth Prasad Advocate
For BSUSC : Mr. Harsh Singh, Advocate
(In Letters Patent Appeal No. 832 of 2023)
For the Appellant/s : Mr. Ravi Kumar (AC to AAG-13)
For the Respondent/s : Mr. Vinay Mistry, Advocate
For LNMU : Mr. Nadim Seraj, Advocate
For MU : Mr. Sidharth Prasad Advocate
For BSUSC : Mr. Harsh Singh, Advocate
(In Letters Patent Appeal No. 833 of 2023)
For the Appellant/s : Mr. Ravi Kumar (AC to AAG-13)
For the Respondent/s : Mr. Vinay Mistry, Advocate
For LNMU : Mr. Nadim Seraj, Advocate
For MU : Mr. Sidharth Prasad Advocate
Patna High Court L.P.A No.604 of 2023(10) dt.30-08-2023
4/12
For BSUSC : Mr. Harsh Singh, Advocate
(In Letters Patent Appeal No. 834 of 2023)
For the Appellant/s : Mr. Ravi Kumar (AC to AAG-13)
For the Respondent/s : Mr. Vinay Mistry, Advocate
For LNMU : Mr. Nadim Seraj, Advocate
For MU : Mr. Sidharth Prasad Advocate
For BSUSC : Mr. Harsh Singh, Advocate
(In Letters Patent Appeal No. 835 of 2023)
For the Appellant/s : Mr. Ravi Kumar (AC to AAG-13)
For the Respondent/s : Mr. Vinay Mistry, Advocate
For LNMU : Mr. Nadim Seraj, Advocate
For MU : Mr. Sidharth Prasad Advocate
For BSUSC : Mr. Harsh Singh, Advocate
(In Letters Patent Appeal No. 836 of 2023)
For the Appellant/s : Mr. Ravi Kumar (AC to AAG-13)
For the Respondent/s : Mr. Vinay Mistry, Advocate
For LNMU : Mr. Nadim Seraj, Advocate
For MU : Mr. Sidharth Prasad Advocate
For BSUSC : Mr. Harsh Singh, Advocate
(In Letters Patent Appeal No. 890 of 2023)
For the Appellant/s : Mr.Satyam Shivam Sundaram, Advocate
For the Respondent/s : Mr. Ravi Kumar (AC to AAG-13)
For LNMU : Mr. Nadim Seraj, Advocate
For MU : Mr. Sidharth Prasad Advocate
For BSUSC : Mr. Harsh Singh, Advocate
(In Letters Patent Appeal No. 1007 of 2023)
For the Appellant/s : Mr.Satyam Shivam Sundaram, Advocate
For the Respondent/s : Mr. Ravi Kumar (AC to AAG-13)
For LNMU : Mr. Nadim Seraj, Advocate
For MU : Mr. Sidharth Prasad Advocate
For BSUSC : Mr. Harsh Singh, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
10 30-08-2023L.P.A. No. 604 of 2023
1. Shri Mrigank Mauli, learned senior counsel instructed through Sri Sanket, learned counsel, appears for Respondent Nos. 1, 3, 7 and 9; Shri Satyam Shivam Sundaram, learned counsel appears for Respondent Nos. 2 and 8; Shri Anjani Kumar Jha, learned counsel appears for Respondent Nos. 4, 5 and 6; Shri Rakesh Kumar Singh, learned counsel appears Patna High Court L.P.A No.604 of 2023(10) dt.30-08-2023 5/12 for Respondent No. 17; Shri Harsh Singh, learned counsel appears for Respondent Nos. 10 to 12; Shri Nadim Seraj, learned counsel takes notice for Respondent No. 13; Shri Shyam Sundar Kumar, learned counsel appears for Respondent No, 14; Shri Rakesh Kumar Singh, learned counsel takes notice for Respondent No. 15; Shri Shyam Sundar Kumar, learned counsel appears for Respondent Nos. 18 and 21; Shri Siddhartha Prasad, learned counsel appears for Respondent No. 19; Shri Nadim Seraj and Shri Sailesh Kumar, learned counsel appear for Respondent No. 22; Shri Ramesh Gupta and Dr. Anant Kumar, learned counsel appear for Respondent No. 23; Shri Ashraf Mustaffa, learned counsel appears for Respondent No. 24.
2. There is a delay of 18 days in filing the appeal.
3. Issue consolidated notice on the Limitation Petition and the appeal to Respondent Nos. 16 and 20 through both modes, i.e., ordinary post as well as registered cover with A.D. for which requisites etc. be filed within two weeks, or learned counsel for the appellants shall file a memo of serving a copy on the Standing Counsel of Respondent Nos. 16 and 20, within two weeks.
LPA No. 622 of 2023 Re: I.A. No. 1 of 2023
4. The present Interlocutory Application has been Patna High Court L.P.A No.604 of 2023(10) dt.30-08-2023 6/12 filed for grant of leave to file the memo of appeal against the judgment impugned.
5. Having considered the Interlocutory Application, we allow the same.
Re: I.A. No. 2 of 2023
6. The Interlocutory Application has been filed for condoning the delay of 25 days in filing the memo of appeal.
7. Having gone through the Interlocutory Application, we are satisfied that there are sufficient grounds shown to condone the delay.
8. As such, we condone the delay in filing the memo of appeal and allow the Interlocutory Application.
Re: LPA No. 622 of 2023
9. Shri Mrigank Mauli, learned senior counsel, Shri Satyam Shivam Sundaram and Shri Anjani Kumar Jha, learned counsel appear for Respondent Nos. 19 to 27; Shri Ravi Kumar, AC to AAG-13 appears for Respondent Nos. 1, 2 and 3 and Shri Tuhin Shankar and Shri Harsh Singh, learned counsel appear for Respondent Nos. 4 to 6.
10. Learned counsel for the appellants shall either take out notice on Respondent Nos. 7 to 18 for which requisites etc. under both modes i.e., ordinary post as well as Registered Patna High Court L.P.A No.604 of 2023(10) dt.30-08-2023 7/12 Cover with A.D., be filed within two weeks, or file a memo of serving a copy on the Standing Counsel of Respondent Nos. 7 to
18. LPA No. 832 of 2023 Re: I.A. No. 1 of 2023
11. The Interlocutory Application has been filed for condoning the delay of 86 days in filing the memo of appeal.
12. Having gone through the Interlocutory Application, we are satisfied that there are sufficient grounds shown to condone the delay.
13. As such, we condone the delay in filing the memo of appeal and allow the Interlocutory Application. Re: LPA No. 832 of 2023
14. Shri Amresh Kumar Singh, learned counsel appears for Respondent No. 1; Shri Ravi Kumar, A.C. to AAG- 13 appears for Appellant Nos. 1 and 2; Shri Tuhin Shankar and Shri Harsh Singh, learned counsel appear for Respondent Nos. 2, 3 and 4.
LPA No. 833 of 2023
15. Shri Ravi Kumar, A.C. to AAG-13 appears for the appellants; Shri Tuhin Shankar and Shri Harsh Singh, learned Patna High Court L.P.A No.604 of 2023(10) dt.30-08-2023 8/12 counsel appear for Respondent No. 2; Learned Standing Counsel appears for Respondent Nos. 3 and 4.
16. There is a delay of 86 days in filing the memo of appeal.
17. Issue consolidated notice on the Limitation Petition and the appeal to the private respondent through both modes, i.e., ordinary post as well as registered cover with A.D. for which requisites etc. be filed within two weeks. LPA No. 834 of 2023
18. Shri Ravi Kumar, learned Assistant Counsel to learned AAG-13 appears for the appellants; Shri Anjani Kumar Jha, learned counsel appears for Respondent Nos. 3 and 6; Shri Amrendra Nath Verma, learned counsel appears for Respondent No. 11; Shri Tuhin Shankar and Shri Harsh Singh, learned counsel appear for Respondent Nos. 12 and 13; Shri Nadim Seraj, learned counsel appears for Patna University (Respondent No. 14); Shri Rakesh Kumar Singh, learned counsel appears for Respondent No. 15; Shri Om Prakash Kumar, learned counsel appears for Magadh University (Respondent No. 16); Shri Shailesh Kumar, learned counsel appears for Lalit Narayan Mithila University (Respondent No. 17); Shri Shyam Sundar Kumar, learned counsel appears for Respondent No. 18; Shri Patna High Court L.P.A No.604 of 2023(10) dt.30-08-2023 9/12 Ramesh Gupta and Dr. Anant Kumar, learned counsel appear for Respondent No. 19; Shri Ashraf Mustaffa, learned counsel appears for Respondent No. 20; Shri Rakesh Kumar Singh, learned counsel appears for Respondent No. 21 and Shri Shyam Sundar Kumar, learned counsel appears for Respondent No. 23 and 25.
19. There is a delay of 86 days in filing the memo of appeal.
20. Issue consolidated notice on the Limitation Petition and the appeal to Respondent Nos. 1, 2, 4, 5 and 7 to 10 through both modes, i.e., ordinary post as well as registered cover with A.D. for which requisites etc. be filed within two weeks.
LPA No. 835 of 2023
21. Shri Ravi Kumar, A.C. to AAG-13 appears for the appellants; Shri Tuhin Shankar and Shri Harsh Singh, learned counsel appear on behalf of Respondent Nos. 6, 7 and 8 and Shri Rakesh Kumar Singh appears on behalf of Respondent Nos. 9, 10 and 11.
22. There is a delay of 86 days in filing the memo of appeal.
23. Issue consolidated notice on the Limitation Patna High Court L.P.A No.604 of 2023(10) dt.30-08-2023 10/12 Petition and the appeal to Respondent Nos. 1 to 5 through both modes, i.e., ordinary post as well as registered cover with A.D. for which requisites etc. be filed within two weeks. LPA No. 836 of 2023
24. Shri Ravi Kumar, A.C. to AAG-13 appears for the appellants; Shri Tuhin Shankar and Shri Harsh Singh, learned counsel appear on behalf of Respondent Nos. 2 and 3.
25. There is a delay of 86 days in filing the memo of appeal.
26. Issue consolidated notice on the Limitation Petition and the appeal to Respondent No. 1 through both modes, i.e., ordinary post as well as registered cover with A.D. for which requisites etc. be filed within two weeks. LPA No. 890 of 2023
27. Shri Sarvesh Kumar Singh, AAG-13 appears on behalf of Respondent Nos. 1, 2 and 3; Shri Tuhin Shankar and Shri Harsh Singh, learned counsel appear on behalf of Respondent Nos. 4, 5 and 6; Shri Nadim Seraj, learned counsel appears for Respondent No. 7; Shri Shyam Sundar Kumar, learned counsel appears for Respondent No. 8; Shri Rakesh Kumar Singh, learned counsel appears for Respondent No. 9; Shri Rakesh Kumar Singh, learned counsel appears for Patna High Court L.P.A No.604 of 2023(10) dt.30-08-2023 11/12 Respondent No. 11; Shri Shyam Sundar Kumar, learned counsel appears for Respondent No. 12; Shri Sunit Kumar and Shri Om Prakash Kumar, learned counsel appear for Respondent No. 13; Shri Shyam Sundar Kumar, learned counsel appears for Respondent No. 15; Shri Shailesh Kumar, learned counsel appears for Respondent No. 16; Dr. Anand Kumar and Shri Ramesh Gupta, learned counsel appear for Respondent No. 17 and Shri Ashraf Mustaffa, learned counsel appears for Respondent No. 18.
28. There is a delay of 139 days in filing the memo of appeal.
29. Issue consolidated notice on the Limitation Petition and the appeal to Respondent Nos. 19 to 26 through both modes, i.e., ordinary post as well as registered cover with A.D. for which requisites etc. be filed within two weeks. LPA No. 1007 of 2023
30. Shri Sarvesh Kumar Singh, AAG-13 appears on behalf of Respondent Nos. 1, 2 and 3; Shri Tuhin Shankar and Shri Harsh Singh, learned counsel appear on behalf of Respondent Nos. 4, 5 and 6; Shri Nadim Seraj, learned counsel appears for Respondent No. 7; Shri Shyam Sundar Kumar, learned counsel appears for Respondent No. 8; Shri Rakesh Patna High Court L.P.A No.604 of 2023(10) dt.30-08-2023 12/12 Kumar Singh, learned counsel appears for Respondent No. 9; Shri Rakesh Kumar Singh, learned counsel appears for Respondent No. 11; Shri Shyam Sundar Kumar, learned counsel appears for Respondent No. 12; Shri Sunit Kumar and Shri Om Prakash Kumar, learned counsel appear for Respondent No. 13; Shri Shyam Sundar Kumar, learned counsel appears for Respondent No. 15; Shri Nadim Seraj and Shri Sailesh Kumar learned counsel appear for Respondent No. 16; Dr. Anant Kumar and Shri Ramesh Gupta, learned counsel appear for Respondent No. 17 and Shri Ashraf Mustaffa, learned counsel appears for Respondent No. 18.
31. There is a delay of 176 days in filing the memo of appeal.
32. Issue consolidated notice on the Limitation Petition and the appeal to Respondent Nos. 19 to 26 through both modes, i.e., ordinary post as well as registered cover with A.D. for which requisites etc. be filed within two weeks.
(K. Vinod Chandran, CJ) (Partha Sarthy, J) Anushka/ PKP.
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