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2015 Supreme(Pat) 274

L.NARASIMHA REDDY, GOPAL PRASAD
Jagarnath Das – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellants: Mr. Yogesh Chandra Verma, Mr. Ujjwal Kumar Sinha, Mr. Ashutosh Ranjan Pandey, Mr. Ramanuj Tiwary, Mr. Anil Kumar Sinha, Mr. Pawan Kumar.
For the Respondents: Mr. Ashutosh Ranjan Pandey, Mr. Ramanuj Tiwary, Mr. Anil Kumar Sinha, Mr. Pawan Kumar, Mrs. Priya Gupta.

JUDGMENT

I.A. No. 6798 of 2013

1. This application under Section 5 of the Limitation Act is filed with a prayer for condoning the delay of 362 days in preferring Letters Patent Appeal No. 1189 of 2013.

2. It is stated that the delay occurred for the reason that the appellants came to know about the order dated 9.7.2012 passed in the writ petition only in July 2013. Thereafter they consulted the counsel and the appeal has been filed immediately after obtaining the opinion.

3. Though no counter affidavit has been filed by the respondents, interlocutory application was filed raising the issue of maintainability of the appeal.

4. Heard learned counsel for the parties.

5. The petitioners are said to have been granted Parchas in respect of alleged surplus land and they belong to the poor section of the society. It is also stated that learned Single Judge passed a prejudicial order without issuing notice to them. We are convinced with the reasons assigned for condonation of the delay in preferring the appeal. Delay is condoned.

6. I.A. No. 6798 of 2013 stands disposed of.

LPA No. 1189 of 2013

7. Respondent nos. 15 to 31 in CWJC No. 379 of 2012 are the appellants. The writ petition was fil
































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