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Patna High Court disposed of the present petition, reserving liberty to the petitioner to invoke statutory remedy of appeal

TITLE: Narad Bind v. The State of Bihar & Ors.

Decided on: 17-07-2023

CWJC No: 5356/2017

Coram: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and 

             HONOURABLE MR. JUSTICE JITENDRA KUMAR

Introduction:

The counsel for the opposing parties contended that the petitioner had a statutory right of appeal to the Appellate Authority.

Analysis of the court and decision:

The present petition is disposed of in light of the Order of 18.01.2020, passed in CWJC No. 3245 of 2017, which leaves the petitioner’s right to use the legal appeals process before the appellate authority open.

The appellate authority is hereby instructed to take account of Section 14 of the Limitation Act for the purpose of permitting a delay in filing an appeal and to proceed with the decision of the appeal within a reasonable amount of time in the event that a memorandum of appeal is filed before the appellate authority.

Accordingly, the writ petition is dismissed.

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Written by- Meghana D

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