JUDGMENT :

Sujit Narayan Prasad, J.

I.A. No.3462 of 2018 in L.P.A. No.187 of 2018

1. This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 85 days in preferring the Letters Patent Appeal being L.P.A. No.187 of 2018.

2. Heard.

3. In view of the submissions made on behalf of the parties and the averments made in the interlocutory application, we are of the view that the appellants were prevented by sufficient cause in preferring the appeal within the period of limitation.

4. Accordingly, I.A.No.3462 of 2018 is allowed and delay of 85 days in preferring the appeal is condoned.

L.P.A. No.136 of 2022

With

L.P.A. No.187 of 2018

5. Both the appeals are having the common issues, however, the orders impugned have been passed by the two different Single Benches of this Court. Accordingly, both the appeals are being disposed of by this common order.

Prayer

6. The appeal being L.P.A. No.136 of 2022 is against the order dated 07.10.2021 passed by the learned Single Judge relying upon the judgment rendered by the learned Single Judge of this Court in W.P.(S) No.799 of 2009, in which, the judgment was pronounced on 19.12.2017. However, the issue be