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Patna High Court

Fulena Construction Pvt. Ltd.,versusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that the application for condonation of delay must be dismissed as no sufficient cause was demonstrated.

Summary

The petitioner, Fulena Construction Pvt. Ltd., filed an interlocutory application seeking condonation of an 885‑day delay in filing Civil Review No. 46 of 2025. The court examined the grounds offered and found no cogent or convincing explanation for such a prolonged delay. Relying on the Supreme Court’s decision in Basawaraj v. Land Acquisition Officer (2013) 14 SCC 81, the judges emphasized that absent sufficient cause, a court cannot condone inordinate delay. Consequently, the application for condonation was dismissed. As a result, the underlying Civil Review application was also dismissed.

Issues considered

  • Whether the petitioner has shown sufficient cause to justify condoning an 885‑day delay in filing the civil review.
  • Whether the Supreme Court precedent in Basawaraj v. Land Acquisition Officer applies to the present condonation request.

Subjects

  • condonation of delay
  • limitation period
  • civil review
  • interlocutory application
  • Supreme Court precedent
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       CIVIL REVIEW No.46 of 2025
                                                       In
                                Civil Writ Jurisdiction Case No.3840 of 2021
                 ======================================================
                 Fulena Construction Pvt. Ltd., through its Director, Shashi Singh, male, aged
                 about 70 years, S/O- Late Ram Deo Singh, R/O- Mohalla- Sri Krishna Nagar,
                 P.O and P.S- Begusarai Sadar, District- Begusarai, Pin-851101.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Principal Secretary Water Resources Department,
                 Sinchai Bhawan, old Secretariat, Government of Bihar, Patna.
           2.    The Principal Secretary Water Resources Department, Sinchai Bhawan, old
                 Secretariat, Government of Bihar, Patna.
           3.    The Engineer-in-Chief, Flood Control and Drainage, Water resources
                 Department Government of Bihar, Patna.
           4.    The Chief Engineer, Flood control and Drainage, Water Resources
                 Department, Katihar.
           5.    The Superintending Engineer, Flood control circle, Bhagalpur.
           6.    The Executive Engineer, Flood Control Division Naugachia.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Alok Ranjan, Advocate.
                 For the Opposite Party/s :    Mr. Anjani Kumar, AAG-4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

5   21-04-2026                   Re.: I.A. No. 01 of 2026

                                The present Interlocutory Application has been filed

                   by the petitioner seeking condonation of delay of 885 days in

                   preferring the present Civil Review No. 46 of 2025.

                                2. Upon consideration of the grounds stated in the

                   application, we find that no cogent, convincing, or justifiable
Patna High Court C. REV. No.46 of 2025(5) dt.21-04-2026
                                             2/3




          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 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."

                       3. Accordingly, I.A. No. 01 of 2026 stands dismissed.

                       Re : Civil Review No. 46 of 2025

                       4. Consequently, the present Civil Review application
          Patna High Court C. REV. No.46 of 2025(5) dt.21-04-2026
                                                       3/3




                    is also dismissed.



                                                 (Sudhir Singh, J)


                                               ( Shailendra Singh, J)
annu/Rajesh

U


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