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2024 Supreme(Jhk) 256

SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Tinku Kumar Rawani, S/o. Madan Mohan Rawani – Appellant
Versus
State of Jharkhand through the Secretary/Principal Secretary, Home Department – Respondent


Advocates Appeared:
For the Appellant : Mr. Manoj Tandon, Ms. Neha Bhardwaj, Mr. Adamya Kerketta.
For the State : Mr. Aditya Raman, AC to GA-III.

JUDGMENT :

1. The instant intra-court appeal is under Clause-10 of Letters Patent directed against the order/judgment dated 10.03.2021 passed by the learned Single Judge of this Court in W.P.(S) No.3610 of 2017, whereby and whereunder, the writ petition preferred by the writ petitioner/appellant and others, has been dismissed.

I.A.No.3315 of 2023

2. Although, the ground has been taken that identical matter is pending before the Hon’ble Apex Court but the question herein is that when the matter is barred by limitation, then it incumbent upon this Court to decide the issue of limitation first.

3. Accordingly, we have considered the issue of limitation.

4. The instant appeal is barred by inordinate delay of 303 days, therefore, an application for condoning the aforesaid delay has been filed being I.A.No.3315 of 2023.

5. This Court, after taking into consideration the fact that the instant intra-court appeal has been field after inordinate delay of 303 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.

6. The ground for condonation of delay has been taken, as per the pleading made in t

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