The State Of Bihar &Amp; Ors vs Ruchi Kumari@ Ruchi Sinha @Nut on 7 July, 2010

  IN THE HIGH COURT OF JUDICATURE AT PATNA

      LETTERS PATENT APPEAL NO.863 OF 2010
                              In
  CIVIL WRIT JURISDICTION CASE NO.14630 of 2001
                             With
  INTERLOCUTORY APPLICATION NO. 4615 of 2010
                              In
       LETTERS PATENT APPEAL NO.863 of 2010
  =======================================
          THE STATE OF BIHAR AND OTHERS
                               Versus
     RUCHI KUMARI @ RUCHI SINHA @ NUTAN SINHA
  ====================================== Appearance
  MR. RAJESH KUMAR SINGH for the Appellants
  MR. PRAMOD KUMAR SINHA &
  ARVIND KUMAR SHARMA for the respondent
   ============================================
  CORAM: HONOURABLE THE CHIEF JUSTICE
           and
           HONOURABLE MR. JUSTICE S.K. KATRIAR

                          Date: 07.07.2010

                          ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

ORDER IN INTERLOCUTORY APPLICATION:

This application under Section 5 of the Limitation Act is

filed by the appellant State of Bihar for condonation of delay of

1066 days occurred in filing the letters patent appeal. The learned

Advocate Mr. Pramod Kumar Sinha has appeared for the

respondent writ petitioner. He has contested the application.
2

This Court (Coram- Dipak Misra, C.J.; and Mihir Kumar

Jha, J.) while issuing notice to the respondent recorded the reasons

why the Court was inclined to interfere in spite of the gross delay on

the part of the State of Bihar. The Court had noticed that the

appellant had first filed application being M.J.C. No.3424 of 2009

for modification of the order and that the writ petition was filed by

the daughter of the deceased employee long after the death of the

employee.

For the very reasons we are inclined to condone the

delay and to examine the matter on merits. For the aforesaid reasons,

the delay in filing the L.P.A. No. 863 of 2010 is condoned. The

interim application stands allowed.

ORDER IN LETTERS PATENT APPEAL:

The learned Advocate Mr. Rajesh Kumar Singh appears for

the appellant State of Bihar and the learned Advocate Mr. Pramod

Kumar Sinha appears for the respondent writ petitioner.

At the request of the learned Advocates let the appeal be

posted for admission hearing and final disposal on 28th of July,

2010.

(R.M. Doshit, C.J.)

(S.K. Katriar, J.)
S.K.Pathak/