Patna High Court
The State Of BiharversusMasomat Indu Devi
- Decided
- Disposal
- DISPOSED
Holding
The intra‑court appeal is disposed of in the same terms as the Full Bench judgment in CWJC No. 18727 of 2017 (Kamlanand Thakur v. State of Bihar).
Summary
The State of Bihar filed a Letters Patent Appeal against Masomat Indu Devi, seeking relief in a civil writ jurisdiction matter. The appeal was filed 188 days after the prescribed period, and the appellants moved for condonation of this delay. The court, after considering the application, condoned the delay and allowed the interim application. The appellants further requested that the appeal be disposed of in accordance with a Full Bench judgment in CWJC No. 18727 of 2017 (Kamlanand Thakur v. State of Bihar) and analogous cases, asserting that the facts were identical. The respondent raised no objection to this submission. Consequently, the intra‑court appeal was disposed of on the same terms as the earlier Full Bench judgment, and any pending applications were also dismissed.
Issues considered
- Whether a delay of 188 days in filing the appeal can be condoned.
- Whether the present appeal can be decided by applying the reasoning and directions of the Full Bench judgment in CWJC No. 18727 of 2017 (Kamlanand Thakur v. State of Bihar).
Subjects
- condonation of delay
- intra‑court appeal
- letters patent appeal
- precedent application
- full bench judgment
- disposal of appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1245 of 2019
In
Civil Writ Jurisdiction Case No.15647 of 2017
======================================================
1. The State of Bihar
2. The Principal Secretary, Water Resources Department, Government of Bihar,
Patna.
3. The Under Secretary, Water Resources Department, Government of Bihar,
Patna.
4. The Chief Engineer, Water Resources Department, Koshi Colony, Saharsa.
5. The Superintending Engineer, Irrigation Circle, Purnea.
6. The Executive Engineer, Irrigation Division, Araria.
... ... Appellant/s
Versus
Masomat Indu Devi Wife of Late Shyam Kishore Jha Resident of Village-
Bargodiya, Police Station- Pandaul, District- Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Anjani Kumar, AAG-4
Mr. Sanjay Kumar, AC to AAG-4
For the Respondent/s : Mr. Satish Chandra Jha 3, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
6 29-06-2026 Re: I.A. No. 01 of 2019
Learned counsel for the appellants presses I.A.
No. 01 of 2019 for condoning the delay of 188 days in
Patna High Court L.P.A No.1245 of 2019(6) dt.29-06-2026
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preferring this appeal.
2. For the reasons stated in the application, the
delay in preferring this appeal is condoned.
3. I.A. No. 01 of 2019 stands allowed.
Re: LPA No. 1245 of 2019
4. Learned counsel for the appellants submits
that the instant appeal may be disposed of in terms of the
judgment dated 28.06.2024 passed by a Full Bench of
this Court in CWJC No. 18727 of 2017 & analogous
cases, titled as 'Kamlanand Thakur vs. The State of
Bihar & Ors' reported in 2025 (2) PLJR 623.
5. Learned counsel for the appellants further
submits that the facts and issues arising in the present
Letters Patent Appeal is identical to those considered and
decided in CWJC No. 18727 of 2017 & analogous cases.
6. Learned counsel for the respondent submits
that he has no objection to the aforesaid submission
made by the learned counsel for the appellants.
7. In view of the aforesaid submissions, the
present intra court appeal stands disposed of in the same
terms, and the directions contained in the aforesaid
Patna High Court L.P.A No.1245 of 2019(6) dt.29-06-2026
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judgment.
8. Pending application(s), if any, shall also
stand disposed of.
(Sudhir Singh, J)
( Ranjan Kumar Jha, J)
rishabh/rajesh
U
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