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2003 Supreme(Pat) 132

R.S.GARG, NAGENDRA RAI
State Of Bihar – Appellant
Versus
Badri Narayan Singh – Respondent


Judgment

1. This appeal is barred by limitation.

2. Along with this appeal a petition under Section 5 of the Limitation Act bearing L.A. No. 3217/2002 has been filed for condoning the delay in filing the appeal. After having heard learned counsel for the appellant and having perused the averments made in the limitation petition, we are of the view that sufficient grounds have been made out to condone the delay in filing the appeal. Accordingly the delay in filing the appeal is condoned. I.A. No. 3217/ 2002 is allowed.

3. This appeal is directed against the order dated 10.12.2001 passed by the learned single Judge in C.W.J.C. Nos. 12398/2001 which has been filed by the writ petitioner for payment of retiral dues. Learned single Judge disposed of the writ application directing the Bihar Bhoodan Yagna Committee to pay the admitted retiral dues and if there is paucity of funds then they may requisition the aforesaid retiral dues from the State Govt. This appeal has been filed by the State Govt, and the stand of the State is that neither under the provisions of the Bihar Bhoodan Yagna Act nor under the Rules and Regulations framed thereunder, the State is liable to pay the retiral dues o


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