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2025 Supreme(Jhk) 69

IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON’BLE MR. JUSTICE DEEPAK ROSHAN, J, M.S. Ramachandra Rao, CJ.
State of Jharkhand – Appellant
Versus
Brahmdeo Choudhary, son of Mahadeo Chaudhary – Respondent


Advocates Appeared:
For the Appellants : Mrs. Darshna Poddar Mishra, A.A.G.-1
For the Respondents:Mr. A.K. Sahani, Advocate, Mr. Ajit Kumar, Advocate.

JUDGMENT :

(M.S. Ramachandra Rao, C.J.)

I.A. No.1136 of 2025.

1. This application is filed under Section 5 of the Limitation Act , 1963 to condone the delay in filing the Letters Patent Appeal challenging the judgment dt. 16.10.2019 of the learned Single Judge in W.P. (S) No. 7556 of 2017.

2. The appeal was filed on 19.02.2021 by the applicants.

3. Initially, the applicants filed an Interlocutory Application being I.A. No.1121 of 2021 for condonation of period of limitation in filing appeal, but later on, they filed I.A. No.1135 of 2025 for withdrawal of I.A. No.1121 of 2021 which was allowed on 06.02.2025, with a liberty to pursue I.A. No.1136 of 2025 filed by them for the same relief.

4. It may be pointed out that the judgment impugned was pronounced on 16.10.2019 in the presence of both parties, but the appeal, as pointed out earlier, was filed on 19.02.2021. There is a delay of 461 days in filing the same according to the note put up by the Registry.

5. Counsel for the applicants sought to contend that free copy of the judgment was sent to the Department on 08.01.2020; then it was examined by the Department at different levels and reviewed on 16.01.2020 and put up before the Deputy Di

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