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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court modified the earlier order, granting the petitioner an additional thirty‑day period to prefer an appeal.

Summary

Amit Kumar filed a petition seeking modification of the order dated 09‑08‑2017 in CWJC No. 21774 of 2012, which had directed him to file an appeal before the State Appellate Authority within thirty days. He applied on 13‑02‑2026 for an additional period to file the appeal. The Patna High Court, after considering the request, granted a further thirty‑day extension from the date of the order. The court thereby modified the earlier order to allow the petitioner extra time. The modification application was subsequently disposed.

Issues considered

  • Whether the High Court can grant an extension of time for filing an appeal before the State Appellate Authority under the procedural provisions.

Subjects

  • modification of order
  • extension of time
  • appeal
  • civil writ jurisdiction
  • procedural law
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.1983 of 2024
                                                      In
                                Civil Writ Jurisdiction Case No.21774 of 2012
                 ======================================================
                 Amit Kumar S/o Sri Raghubansh Singh R/o Village- Sonbarsa, P.O.-
                 Sonbarsa, P.S.- Obara, District-Aurangabad.

                                                                                 ... ... Petitioner/s
                                               Versus
           1.    The State of Bihar through Principal Secretary, Human Resource
                 Development Department, Government of Bihar, Patna
           2.    The Principal Secretary, Human Resource Development Department,
                 Government of Bihar, Patna
           3.    The Block Education Extension Officer, Obra, Aurangabad.
           4.    The Panchayat Secretary, Gram Panchayat Dehri, Obra, Aurangabad.
           5.    The District Teachers Recruitment Appellate Authority through its Secretary
                 at Aurangabad.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Udit Narayan Singh, Advocate
                 For the Opposite Party/s :        Mr. Additional Advocate General 13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

3   13-02-2026                  The      present     application      has    been       filed   for

                   modification of the order dated 09.08.2017 passed in CWJC No.

                   21774 of 2012, which was disposed of with following

                   observations :-

                                             “The petitioner shall file an appeal
                                   before the State Appellate Authority within a
                                   period of thirty days from the date of the order,
                                   which shall be disposed of in accordance with law
                                   within the statutory period.”

                                2. For the reasons stated in the present modification

                   application, order dated 09.08.2017 passed in CWJC No. 21774
           Patna High Court MJC No.1983 of 2024(3) dt.13-02-2026
                                                       2/2




                     of 2012 stands modified to the extent that petitioner is given a

                     further period of 30 days from today for preferring an appeal

                     before the State Appellate Authority.

                                  3. Accordingly, the present modification application

                     stands disposed of.



                                                  (Sudhir Singh, J)
Rajesh/-

U


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