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2023 Supreme(Jhk) 545

SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Gaurav Kumar – Appellant
Versus
State of Jharkhand through its Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Pankaj Kumar, Advocate
For the Respondent: Mr. Raunak Sahay, AC to GP-V

ORDER :

Sujit Narayan Prasad, J.

The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 07.04.2022 passed by learned Single Judge of this Court in W.P. (S) No. 536 of 2021 whereby and whereunder the writ petition has been dismissed by refusing to pass any positive direction in favour of the appellant.

I.A. No. 11383 of 2022

2. The instant appeal is admittedly barred by limitation since there is delay of 136 days in preferring the appeal, therefore, an application being I.A. No. 11383 of 2022 has been filed for condoning such delay.

3. This Court, after taking into consideration the fact that the instant intra-court appeal has been field after inordinate delay of 136 days, deems it fit and proper, to first consider the delay condonation application before going into the legality and propriety of the impugned order on merit

4. Learned counsel for the applicant-petitioner has submitted that delay in preferring the appeal may be condoned by allowing the Interlocutory Application on the basis of grounds shown therein treating the same to be sufficient.

5. The grounds for condoning the delay in preferring the appeal, as has bee

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