IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.233 of 2007 THE STATE OF BIHAR & ORS Versus KAMLA KANT TRIPATHI & ORS ----------- 8 3-3-2010 Heard learned counsel for the review petitioner i.e State of Bihar and its officials, learned counsel for respondents 1,2 and 3 and the learned counsel appearing for Accountant General, Bihar. After hearing the parties we find that the judgment rendered by the learned single Judge on 29-11-2001 in C.W.J.C.No. 5942 of 2000 was prima facie in the teeth of a Division Bench Judgment reported in 2001(2) PLJR 212 and hence the said letters patent appeal requires consideration on merit. That appeal was, however, dismissed by the order under review because of failure of the State at that time to give full explanation for delay of 952 days. Now we have been taken through various paragraphs of the review petition which show that the concerned senior officials actually came to know of the order after the show cause was filed by the District Education Officer, Buxar on 7-7-2003 in a contempt proceeding wherein the learned single judge took the correct view that it was not possible to exonerate the State of its liability under the order of the writ court unless it preferred an appeal and got rid of the judgment of the single judge on account of Division Bench judgment to the contrary. Considering the requirement of justice and all other circumstances, we are of the view that the delay of 952 days in preferring L.P.A. No. 771 of 2004 and of 150 days in preferring this review petition deserves to be condoned, subject to payment of an 2 adequate compensation to opposite parties 1,2 and 3 who are the heirs of deceased respondent. Since they had to bear the burden of cost in the earlier letters patent appeal, contempt application as well as in this review petition, we quantify the damage to be of Rs.10,000/- payable to opposite party nos.1,2 and 3. If the aforesaid amount of Rs.10,000/- is paid by the State and its officials to learned counsel appearing for opposite party nos.1,2 and 3 by 20th March, 2010 and receipt is filed in office showing such payment, in that event the limitation petition in this review application as well as in the letters patent appeal will stand allowed and L.P.,A. No.771/2004 will be restored to its original file. In the event the cost of Rs.10,000/- indicated above is not paid within the aforesaid time then this order shall stand recalled and the limitation petition, review petition as well as the limitation petition filed for condonation of delay in letters patent appeal shall stand dismissed without further reference to a Bench. ( Shiva Kirti Singh,J) ( J.N. Singh,J ) Naresh