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Patna High Court

Bihar Rajkiya Nalkoop Karmchari SanghversusThe State of Bihar, through (Shri Trirpurari Sharan) the Chief Secretary,

Decided
Disposal
DISPOSED

Holding

The appeal was dismissed as the petitioner failed to remedy the identified office defects.

Summary

The Bihar Rajkiya Nalkoop Karmchari Sangh, through its General Secretary, filed a Letters Patent Appeal (No. 113 of 2013) before the Patna High Court challenging actions of the State of Bihar and its officials. The court had earlier issued an order on 01.05.2024 directing the parties to rectify certain office defects in the pleadings. The petitioner failed to comply with the required corrections within the stipulated time. The issue before the court was whether the appeal could be entertained despite the non‑compliance with the procedural defect. The court held that the failure to cure the defect was fatal and therefore dismissed the appeal. Consequently, the appeal was dismissed for non‑compliance of the office defects.

Issues considered

  • Whether the Letters Patent Appeal should be dismissed for failure to comply with the court‑directed correction of office defects

Subjects

  • Letters Patent Appeal
  • procedural defect
  • non‑compliance
  • appeal dismissal
  • Patna High Court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Miscellaneous Jurisdiction Case No.1773 of 2021
                                                           In
                                        Letters Patent Appeal No.113 of 2013
                    ======================================================
                    Bihar Rajkiya Nalkoop Karmchari Sangh through its General Secretary
                    Ramesh Prasad Singh, aged about 71 years, Male, Son of Late Bhuneshwar
                    Prasad Singh, Resident of Village- Narang Rampur, Police Station- Narang
                    Rampur, District- Vaishali, at present resident of Road No. 13, Rajiv Nagar,
                    Police Station- Rajiv Nagar, District- Patna.
                                                                               ... ... Petitioner/s
                                                         Versus
               1.    The State of Bihar, through (Shri Trirpurari Sharan) the Chief Secretary,
                     Government of Bihar, Patna.
               2.   Shri Shidhant The Commissioner-cum- Secretary, Finance Department,
                    Govt. of Bihar, Patna.
               3.   Shri Ravi Pracharya The Secretary, Minor Water Resources Department,
                    Govt. of Bihar, Patna.
               4.   Shri Santosh Kumar The Under Secretary, Minor Water Resources
                    Department, Govt. of Bihar, Patna.
               5.    Shri Kameshwar Chaudhary The Project Co- Ordinator, Tube Well Prabhag,
                     Bihar, Patna.
                                                                      ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :        Mr.Vipin Kumar Singh, Advocate
                    For the Opposite Party/s :        Mr.Ajit Kumar (Ga 9)
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
                            and
                            HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                          ORAL ORDER
                    (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

6    15-05-2024                       In terms of previous order dated 01.05.2024, the

                      present MJC No. 1773 of 2021 stands dismissed for non-

                      compliance of the office defect(s).



                                                   (P. B. Bajanthri, J)


                                                 ( Alok Kumar Pandey, J)
abhishekkr/-

U


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