IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No. 1260 of 2010 IN CIVIL WRIT JURISDICTION CASE NO. 6094 of 2010 WITH INTERLOCUTORY APPLICATION NO.7116 of 2010 WITH INTERLOCUTORY APPLICATION NO.7117 of 2010 IN LETTERS PATENT APPEAL No. 1260 of 2010 ========================================= THE UNION OF INDIA & ORS Versus SANJAY KUMAR ============================================ APPEARANCE For the Appellants : Mr. Satyendra Kr. Jha, CGC For the Respondent : Mr. Chakradhari Sharan, Sr. Advocate Mr. Rajiv Nayan, Advocate =================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 27/10/2010 I.A. No. 7116 of 2010 This application under section 5 of the Limitation Act is made by the appellant Union of India and others for condonation of delay of 58 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. LPA. No.1260 of 2010 Feeling aggrieved by the judgment and order 2 dated 13th April 2010 passed by the learned Single Judge in above CWJC No.6094 of 2010, the respondent Union of India has preferred the present Appeal under Clause 10 of the Letters Patent. Learned advocate Mr. Satyendra Kumar Jha appears for the appellants. Amongst other grounds, he has submitted that the appellant Union of India was not allowed an opportunity to file its pleadings before the learned Single Judge. Learned advocate Mr. Chakradhari Sharan appears for the respondent – writ petitioner. He submits that having regard to the nature of the claim made by the respondent and the order intended to be passed, the learned Single Judge did not consider it necessary to postpone the hearing of the matter. The appellant Union of India indeed had no opportunity to file its counter affidavit. On the short ground that the appellants had no opportunity to file their pleadings before the learned Single Judge, we allow this Appeal. The impugned judgment and order dated 13th April 2010 passed in CWJC. No.6094 of 2010 is set aside. CWJC No.6094 of 2010 is remanded to the learned Single Judge for hearing and decision afresh after allowing the appellant Union of India to file its counter affidavit. In view of the above order, Interlocutory Application No.7117 of 2010 stands disposed of. Learned advocate Mr. Jha assures the court that the appellant Union of India shall file its counter 3 affidavit in CWJC. No.6094 of 2010 within four weeks from today. Neyaz/ ( R. M. Doshit,CJ.) (Jyoti Saran, J.)