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2022 Supreme(Jhk) 506

RAVI RANJAN, SUJIT NARAYAN PRASAD
State of Jharkhand – Appellant
Versus
Surendra Kumar Upadhyay, son of late Ram Briksh Upadhyay – Respondent


Advocates Appeared:
For the Appellant : Mr. Ashok Kumar Yadav.

JUDGMENT :

I.A. No.4823 of 2020

1. This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 159 days in preferring this Letters Patent Appeal.

2. Heard.

3. No counter affidavit has been filed opposing the prayer for condoning the delay.

4. Having regard to the averments made in this application, we are of the view that the appellants were prevented by sufficient cause from preferring the appeal within the period of limitation.

5. Accordingly, I.A.No.4823 of 2020 is allowed and delay of 159 days in preferring the appeal is condoned.

L.P.A. No.777 of 2019

6. The instant appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 14.05.2019 passed by the learned Single Judge of this Court in W.P.(S) No.246 of 2016, whereby and whereunder, the order dated 25.06.2015 as contained in Memo No.3125, by which, it has been decided to withhold 25 per cent of pension of the writ petitioner, has been quashed and set aside by allowing the writ petition.

7. The brief facts of the case, as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under :

The fa

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