IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No. 1292 of 2010 IN CIVIL WRIT JURISDICTION CASE NO. 12405 of 2001 WITH INTERLOCUTORY APPLICATION NO.7312 of 2010 IN LETTERS PATENT APPEAL No.1292 of 2010 ========================================= Vijay Kumar @ Vijay Kr.Gupta s/o late Yamuna Pd., r/o Gurudwara Road, Danapur, District – Patna ……….. Appellant Versus 1. The State Of Bihar through the Chief Secretary, State of Bihar, Patna 2. The Secretary, Department of Transport, Bihar, Patna 3. The State Transport Commissioner, Bailey Road, Patna 4. The Director General of Police& Ors …… Respondents ============================================ APPEARANCE For the Appellant : Mr. Ajit Kr. Ojha, Advocate For the Respondents : Mr. Vishwajeet Kumar Mishra, Advocate =================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 20/9/2010 Learned advocate for the appellant is not present on call. IA. No.7312 of 2010 This application under section 5 of the Limitation Act is filed by the appellant for condonation of delay occurred in filing the above Letters Patent Appeal. According to the appellant, the impugned 2 order was made on 25th July 2009. For the reasons personal to the learned advocate, the appeal was not filed within the period of limitation and, thus, there is a delay of 4 months and ten days. On perusal of the record, we find that the statements made in the application are false. The Letters Patent Appeal arises from the judgment and order dated 21st February 2005 passed by the learned Single Judge in CWJC. No.12405 of 2001. The Appeal is filed after delay of 4 years and 237 days. During that period, the appellant first filed Civil Review Application No. 107 of 2005, which was dismissed on 11th September 2008. After dismissal of the Civil Review Application, the appellant filed MJC No.862 of 2009 for recall of the order dated 11th September 2008 passed in Civil Review Application no.107 of 2005 and for restoration of the Civil Review Application no.107 of 2005. That application was dismissed by the learned Single Judge on 25th July 2009. Thereafter, the present Appeal is filed after more than a year. Neither the appellant has explained the aforesaid delay of 4 years and 237 days nor has he explained the period of more than one year after the order dated 25th July 2009. We find that the appellant has not only suppressed the material facts but also has not correctly calculated or explained the delay. For the aforesaid reasons, the Interlocutory 3 Application is rejected. Consequently, the Letters Patent Appeal stands disposed of. Neyaz/ ( R. M. Doshit,CJ.) ( Jyoti Saran, J. )