Patna High Court
BiharversusShailendra Kumar Mishra
- Decided
- Disposal
- DISMISSED
Holding
The interlocutory application for condonation of delay was dismissed, and the appeal was consequently dismissed.
Summary
The State of Bihar filed an interlocutory application seeking condonation of a 395‑day delay in filing a Letters Patent Appeal. The Court examined whether the appellant had provided a sufficient cause for the inordinate delay, referring to the Supreme Court’s decision in Basawaraj v. Land Acquisition Officer. It held that the appellant failed to furnish any cogent or convincing explanation and was therefore negligent. Consequently, the application for condonation was dismissed. In the absence of condonation, the Court also dismissed the appeal itself.
Issues considered
- Whether the 395‑day delay in preferring the appeal can be condoned under the principles laid down by the Supreme Court.
- Whether the appellant has shown sufficient cause to justify the delay.
Subjects
- condonation of delay
- limitation period
- interlocutory application
- appeal dismissal
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1244 of 2024
In
Civil Writ Jurisdiction Case No.9626 of 2020
======================================================
1. The State of Bihar.
2. The Principal Secretary, Building Construction Department, Bihar, Patna.
3. The Executive Engineer, Building Construction Department, Building
Division, Munger.
4. The Treasury Officer, Jamui.
... ... Appellant/s
Versus
1. Shailendra Kumar Mishra Son of Satyanarayan Mishra, Resident of Naya
Tola, Bihari, P.S. and District- Jamui.
2. The Accountant General Bihar, Patna.
3. The Bank Manager, State Bank of India, Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. A.K. Dubey, AC to AAG-11
For the Respondent/s :
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
3 01-07-2026 Re: Interlocutory Application No. 01 of 2024:
The present Interlocutory Application has been filed
seeking condonation of delay of 395 days in preferring the
present appeal.
2. 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
Patna High Court L.P.A No.1244 of 2024(3) dt.01-07-2026
2/3
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.”
Patna High Court L.P.A No.1244 of 2024(3) dt.01-07-2026
3/3
3. Accordingly, Interlocutory Application No. 01 of
2024 stands dismissed.
Re: LPA No. 1244 of 2024:
4. Consequently, the present appeal is also dismissed.
(Sudhir Singh, J)
( Ranjan Kumar Jha, J)
rishabh/rajesh
U
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