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2015 Supreme(Pat) 1102

NAVANITI PRASAD SINGH, NILU AGRAWAL
Pramod Prasad Pandey – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellants : Mr. Ashish Giri.
For the State : Mr. Ratna Deep Prasad.
For the Resp. No.9 : M/s Naresh Ch Verma, Natraj Verma.

NAVANITI PRASAD SINGH, J.:–Delay in filing the appeal is condoned.

2. IA No 5122 of 2012 stands disposed of.

3. The present intra-Court appeal is directed against the order dated 23.03.2012 passed in CWJC No 15978 of 2011 (Pramod Prasad Pandey Vs. State of Bihar & Others). By the said order, the learned Single Judge of this Court has refused to entertain the writ application holding that the writ application was not entertainable after an inordinate delay of more than 4 to 5 years in challenging the order dated 16.07.2007 of the respondent-Block Development Officer (For brevity, the BDO).

4. In this intra-Court appeal, it has been sought to be impressed upon us that delay in the facts should not come in way of doing justice. We will, thus, examine the facts.

5. Pursuant to notice issued to respondent No 9 in the appeal, who was also respondent No 9 in the writ proceedings being the person who had been appointed as Panchayat Teacher whose appointment was now being challenged with corresponding claim of appointment for himself by the writ petitioner/appellant, respondent No 9 has appeared.

6. We have heard the learned counsel for the writ petitioner/appellant, learned counsel for the Sta









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