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Patna High Court

Motiur Rahman AnsariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for condonation of delay is dismissed, and consequently the civil review is dismissed.

Summary

The petitioner, Motiur Rahman Ansari, filed an interlocutory application seeking condonation of a delay of more than six years in filing Civil Review No. 235 of 2024. The Court examined the grounds for the delay and found no satisfactory explanation or sufficient cause. Relying on the Supreme Court’s decision in Basawaraj v. Land Acquisition Officer, the Court held that negligence or lack of bona‑fide reasons cannot justify condonation of such inordinate delay. Consequently, the application for condonation was dismissed. As a result, the Civil Review itself was also dismissed.

Issues considered

  • Whether the petitioner can be granted condonation of a delay of 6 years 3 months and 28 days in filing the civil review.
  • Whether the petitioner has shown sufficient cause to justify the delay under established jurisprudence.

Subjects

  • condonation of delay
  • limitation period
  • civil review
  • procedural law
  • Supreme Court precedent
  • judicial discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       CIVIL REVIEW No.235 of 2024
                                                       In
                               Civil Writ Jurisdiction Case No.11749 of 2013
                 ======================================================
                 Motiur Rahman Ansari, aged about 62 years (Male), Son of Late Mohammad
                 Siddique Ansari, Resident of Village- Akhtiyarpur, Post Office and Police
                 Station- Garkha, District- Saran at Chapra.

                                                                             ... ... Petitioner
                                                   Versus
           1.    The State of Bihar.
           2.    The Principal Secretary, the Science and Technology Department, Govt. of
                 Bihar, Patna.
           3.    The Deputy Secretary, the Science and Technology Department, Govt. of
                 Bihar, Patna.
           4.    The Bihar Public Service Commission, through its Chairman, Bailey Road,
                 Patna.
           5.    The Chairman, Bihar Public Service Commission, Bailey Road, Patna.
           6.    The Secretary, Bihar Public Service Commission, Bailey Road, Patna.
           7.    The Deputy Secretary, Bihar Public Service Commission, Bailey Road,
                 Patna.
           8.    Sri Ravindra Lal, Son of Lakhan Lal, Resident of Village- Nijamuddinpur,
                 Post Office and Police Station and District- Jehanabad.

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner     :       Mr. Shiyaram Sahi, Advocate and Mr. Md. Amir
                                               Alam, Advocate
                 For the State          :      Mr. S. Raza Ahmad, A.A.G.-5, Mr. Md. Kamil
                                               Akhtar, A.C. to A.A.G.-5 and Mr. Alok Ranjan,
                                               A.C. to A.A.G.-5.
                 For the Pvt. O.P.      :      Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

5   02-02-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 Re.: Interlocutory Application No. 01 of 2026:
Patna High Court C. REV. No.235 of 2024(5) dt.02-02-2026
                                             2/3




                       2. The present Interlocutory Application has been

          filed seeking condonation of delay of 06 years 03 months and

          28 days in preferring the present Civil Review No. 235 of 2024.

                       3. Upon consideration of the grounds stated in the

          application, we find that no cogent, convincing, or justifiable

          explanation has been furnished for such prolonged delay. At this

          juncture, it is pertinent to take note of the decision rendered by

          the Hon’ble Supreme Court while deciding the case of

          Basawaraj V. Land Acquisition Officer, reported in (2013)14

          SCC 81, wherein it was observed as follows:

                                  “15. The law on the issue can be summarised
                                  to the effect that where a case has been
                                  presented in the court beyond limitation, the
                                  applicant has to explain the court as to what
                                  was the “sufficient cause” which means an
                                  adequate         and     enough   reason   which
                                  prevented him to approach the court within
                                  limitation. In case a party is found to be
                                  negligent, or for want of bona fide on his
                                  part in the facts and circumstances of the
                                  case, or found to have not acted diligently or
                                  remained inactive, there cannot be a justified
                                  ground to condone the delay. No court could
                                  be justified in condoning such an inordinate
                                  delay by imposing any condition whatsoever.
                                  The application is to be decided only within
         Patna High Court C. REV. No.235 of 2024(5) dt.02-02-2026
                                                      3/3




                                           the parameters laid down by this Court in
                                           regard to the condonation of delay. In case
                                           there was no sufficient cause to prevent a
                                           litigant to approach the court on time
                                           condoning           the      delay    without   any
                                           justification,           putting     any   condition
                                           whatsoever, amounts to passing an order in
                                           violation of the statutory provisions and it
                                           tantamounts to showing utter disregard to the
                                           legislature.”
                                4. Accordingly, Interlocutory Application No. 01 of

                   2026 stands dismissed.

                                Re.: Civil Review No. 235 of 2024:

                                5. Consequently, the Civil Review is also dismissed.




                                                            (Sudhir Singh, J)


                                                      (Rajesh Kumar Verma, J)

U.K./-
U


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