PATNA, India, Sept. 9 -- Patna High Court issued the following judgment on Aug. 12:
I.A. No.1 of 2022: Appellants-State has assailed the order of the learned Single Judge dated 17.10.2017 passed in C.W.J.C. No.16828 of 2014.
2. The appellants-State had cause of action to file the L.P.A. on 16.11.2017. There is a delay of about 5 years in filing the L.P.A. Sufficient cause has not been shown. Perusal of the pleadings, it is evident that not even the dates and events like what is the date of cause of action accrued to the appellantsState and from that date, till filing of the L.P.A., what would be number of days of delay and the reasons for delay. In other words, hopelessly, I.A. No.1 of 2022 for condonation of delay has been drafted. Resultantly, I.A. No.1 of 2022 stands rejected with cost of Rs.5000/-(Rupees Five Thousand) for the reasons that the Hon'ble Supreme Court in the case of State of Madhya Pradesh Vs. Ramkumar Choudhary reported in 2024 SCC OnLine SC 3612 deprecated in filing of belated litigation on behalf of the State while imposing cost of Rs.1,00,000/-(Rupees One Lac), taking note of the same principle, we are compelled o reject I.A. No.1 of 2022 for condonation of delay of about 5 years in filing the L.P.A. Cost shall be paid in the Lawyers' Association Welfare Benevolent Fund, Indian Bank, BranchLNMI, Bailey Road, Patna, IFSC No.IDIB000L501 having Bank Account No.7801893276.
3. Resultantly, L.P.A. No.653 of 2022 stands dismissed.
Disclaimer: Curated by HT Syndication.
