JHARKHAND HIGH COURT ISSUES ORDER ON PRIYANKA KUMARI V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, Aug. 5 -- Jharkhand High Court issued the following order on July 4:

1. This application is filed under Section 5 of the Limitation Act, 1963 by the applicant to condone the delay of 173 days in filing the Letters Patent Appeal challenging the judgment dt. 25.04.2024 of the learned Single Judge in W.P. (S) No. 189 of 2015.

2. In the application seeking condonation of delay, it is stated that the said writ petition was pending for a long time, that the applicant had filed a counter affidavit on 07.11.2022 and it came to be decided only 25.04.2024.

3. It is contended that in the meantime, the applicant lost contact with her counsel and the judgment of the learned Single Judge could not be communicated to her for the said reason.

4. It is stated that only on 15.10.2024 she was informed from her office about the judgment of the learned Single Judge. Thereafter, with the help of her office colleague, she contacted her counsel at Ranchi and enquired about the process for filing the appeal and then, online application for certified copy was made on 20.10.2024 and after it was supplied on 11.11.2024, the appeal was filed on 30.11.2024.

5. It is stated that in the meantime, the Jharkhand Assembly Election was notified and leave, therefore, could not be granted to the applicant till 29.11.2024, and so she could not visit High Court for swearing affidavit and filing the appeal.

6. No doubt, the writ petition was filed in the year 2015 by the 4th respondent and it came to be disposed of on 25.04.2024 and an order adverse to the applicant was passed.

7. The period of limitation for filing the Letters Patent Appeal is only 30 days from the date of the judgment. It is the duty of the applicant to stay in touch with her advocate and find out about the fate of the writ petition and then take step to file the Letters Patent Appeal within the time permitted by law.

8. Admittedly, the applicant is a literate person employed as Live Stock Assistant in Animal Husbandry Department in the District of Hazaribagh which is not far from Ranchi where the High Court is located.

9. The applicant has been negligent in taking steps for filing the appeal within the time permitted by law and no sufficient cause has been shown for condoning the inordinate delay of 173 days in filing the Letters Patent Appeal.

10. Therefore, the application for condonation of delay is dismissed. Consequently, the Letters Patent Appeal is also dismissed.

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