IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.469 of 2010 ***** 1. The State of Bihar through the Director in Chief Health Services, Bihar Patna 2. The Regional Deputy Director, Health Services, Bihar, Patna 3. The Civil Surgeon cum Chief Medical Officer, Begusarai, Distt- Begusarai 4. The Civil Surgeon cum Chief Medical Officer, Madhubani, District- Madhubani 5. The Incharge Medical Officer Bhagwanpur, District- Begusarai. …. …. Appellants/Respondents Versus 1. Smt. Sumitra Devi, W/o Late Ram Surat Singh. 2. Pankaj Kumar, S/o Late Ram Surat Singh. 3. Praveen Kumar, S/o Late Ram Surat Singh through Mother (respondent no.1) 4. Navin Kumar, S/o Late Ram Surat Singh through Mother (respondent no.1) All resident of village - Satyamacha, P.S - Sitamarhi, District – Sitamarhi. …. …. Respondents/Substituted Petitioners ----------- For the Appellants : Mr. Rajesh Kumar Singh, Advocate For the Respondents: Mr. Ajoy Kumar Chakraborty, Advocate ------------- 4. 6.4.2010. This Court on 22.3.2010 had noted the submission of Mr. A.K.Charaborty, learned counsel that the original writ petitioner, sole respondent herein, had breathed his last and the names of his legal representatives will be supplied. It is stated by him that he has instructions to appear on behalf of the legal representatives and he has no objection if the legal representatives are brought on record. At this juncture, Mr. Rajesh Kumar Singh, learned counsel for the State made an oral prayer to implead the legal representatives of the sole - 2 - respondent in Court. He is permitted to do so after mentioning, “as per order passed by this Court on 6.4.2010”. As the L.P.A. has been regularized by taking recourse to the rectificatory measures, with the consent of learned counsel for the parties, the application for condonation of delay is taken-up. I.A. No. 2464 of 2010: - This is an application for condonation of delay of 127 days in preferring the appeal. Having heard learned counsel for the parties, we find sufficient cause does exist for condonation of delay and accordingly delay in filing the appeal stands condoned. Interlocutory application accordingly stands disposed of. L.P.A. No. 469 of 2010: - As the L.P.A. has been regularized for being taken-up for the purpose of admission, on consent of learned counsel for the parties, it is being taken-up for admission and final disposal. In course of hearing of this appeal, it is fairly submitted at the Bar that the controversies raised in this appeal - 3 - stand covered by the decision rendered in L.P.A. No. 1623 of 2009 and other connected matters, disposed of on 11.2.2010. The said order shall apply, as agreed to, on all fours to the case in hand. Recording such concession, the appeal stands disposed of. There shall be no order as to costs. Pawan/- (Dipak Misra, CJ) (Mihir Kumar Jha, J)