IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.483 of 2011 IN CWJC No. 19870 of 2010 With I.A.No.2163 of 2011 ====================================================== 1. Ashok Kumar Choudhary, son of Sri Babul Choudhary, resident of Old Jakkanpur, Near Durga Mandir, P.S.- Jakkanpur, District-Patna. 2. Sunil Kumar, son of Sri Shivanandan Ram, resident of East Gardenar Road, in front of C/17, P.S. – Kotwali, District-Patna. 3. Rajesh Kumar, son of Sri Bhuneshwar Prasad, resident of village- Dhangawan, P.S. Jahanabad, District-Jahanabad 4. Angad Pandit, son of Sri Sheo Narain Pandit, resident of Road No. 41, Qr.No.5, P.S.-Gardanibagh, District-Patna. 5. Laxmi Prasad, son of late Bhodu Prasad, resident of village-Purandarpur, P.S. Jakkanpur, District-Patna. 6. Laxman Ram son of Sri Amawas Ram, resident of village +P.O. Chandi, Bhojpur, District-Bhojpur. 7. Binod Kumar Ram, son of Sri Ganesh Ram, resident of L.B.S. Nagar, 78/120, New Shashtri Nagar, Pantna. -Petitioners-Appellants Versus 1. The State Of Bihar 2. The Chief Secretary, Government of Bihar, Patna. 3. The Commissioner-cum-Secretary, Department of General Administration, Old Secretariat, Patna. 4. The Secretary, Government of Bihar, Department of Panchayati Raj, New Secretariat, Patna. 5. The Director, Department of Panchayati Raj, Government of Bihar, Patna. 6. The Commissioner, State Election Commission, 3rd Floor, Sone Bhawan, R-Block, Patna. 7. The Secretary, State Election Commission, 3rd Floor, Sone Bhawan, R-Block, Patna. 8. The Dy. Secretary, State Election Commission, 3rd Floor, Sone Bhawan, R-Block, Patna. 2 9. The Secretary, State Election Commission, 3rd Floor, Sone Bhawan, R-Block, Patna. -Respondents- Respondents ===================================================== Appearance : For the Appellants : Mr. Shri Prakash Srivastava, Advocate Mr. Rajesh Ranjan, Advocate For the Respondents: Mr. Sanjeev Nikesh, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 25.03.2011 Re. Interlocutory Application No. 2163 of 2011 This application under Section 5 of the Limitation Act has been filed by the appellant for condonation of delay of 43 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. Re. Letters Patent Appeal No.483 of 2011 This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 14th December 2010 made by the learned Single Judge in above C.W.J.C. No. 19870 of 2010. 3 The writ petition has been dismissed by the learned Single Judge as barred by principle of resjudicata. Learned Advocate Mr. Shri Prakash Srivastava has appeared before us. He admits that the petition is barred by principle of resjudicata. Earlier writ petition being C.W.J.C. No. 13738 of 2004 filed in the same subject matter was dismissed on 18th July 2005. In above view of the matter, the Appeal is dismissed in limine. Bibhash (R.M.Doshit,CJ.) (Jyoti Saran,J.)