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2014 Supreme(Pat) 222

NAVIN SINHA, VIKASH JAIN
State of Bihar – Appellant
Versus
Shankar Tiwary – Respondent


Advocates:
For the Appellants : M/s Nivedita Nirvikar, Vikash Kumar Pankaj.
For the Respondents: M/s Hari Shankar Roy, Jitendra Kumar.

JUDGMENT :

NAVIN SINHA, J.:–I. A. 1870 of 2013 has been filed to condone delay of 154 days in filing the Appeal. We have heard Learned Counsel for the parties and considered the explanation for delay. Official procedures requiring administrative approvals at different levels in an impersonal bureaucratic set up, to file Appeal do take time, opinions have to be obtained, especially when a judgement has implications at the State level concerning issues of policy, far beyond the immediate parties. The present appeal raises important questions of law having implications all over the State. We consider it proper to condone the delay. The I.A. Application is allowed.

2. The present appeal arises from order dated 30.4.2012 allowing CWJC No. 14449 of 2010. The Learned Single Judge held that the notification dated 1.7.2010 of the State government issued under Section 158 (1) of the Bihar Panchayat Raj Act, 2006, [hereinafter referred to as ‘the Panchayat act’] directing that no settlement of public ferry be made by the Zila Parishad from 2010-2011 and releasing all existing settlements was invalid and without jurisdiction. The State government could not interfere with statutory settlements ma






































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