IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.715 of 2008 SHIV PRASAD PANDEY Versus THE STATE OF BIHAR & ORS ----------- For the appellant: Mr. Dhananjay Choudey, Advocate For the Respondents: Mr. Prasoon Sinh, G.A. III ---------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---------- Dated, the 11th September, 2008. This Letters Patent Appeal suffers from delay of seven years and seventysix days inasmuch as the appeal has been preferred on 3rd September, 2008 challenging the order dated 9th May, 2001 passed by the Single Judge dismissing the writ petition filed by the present appellant. 2. In the application for condonation of delay, it is stated that during his service in Bihar Military Police, the appellant lost his mental balance and due to mental imbalance some wrongs were committed by him and that resulted in dismissal from service. According to the appellant, his only son was minor at the relevant time and his wife was also suffering from physical illness. It is also submitted by him that he got knowledge about the order dated 9th May, - 2 - 2001 in the year 2004 but due to his mental imbalance, he lost all the hopes about the appeal. Since his wife was not carrying good health and he himself was mentally imbalanced, the appeal could not be filed in time. It was only when his son became major and joined Indian Army, , he took advise and then the present appeal has been preferred. 3. Two documents relating to mental illness have been placed on record. One document is dated 23rd August, 2008 by Dr. Harendra Prasad. It records that the appellant was under his treatment from 4th June, 2004 to 23rd August, 2008 due to mental depression. We are, afraid, from this document, no inference can be drawn that during the period of 4th June, 2004 to 23rd August, 2008 the appellant had lost his mental balance or was unable to file appeal. 4. Another document is dated 18th July, 1996 that has been issued by one Psychiatrist, Ranchi Mansik Arogyashala, recording therein that the appellant was under his treatment from 20th November, 1995 until the certificate was issued on 18th July, 1996. This medical document is also of no help to the appellant as it relates to the period much before the writ petition was dismissed by the Single Judge. 5. In our considered view, a make believe ground has been set up which can hardly be accepted for condonation of long delay of more than seven years. 6. The application for condonation of delay is liable to be dismissed and is dismissed. 7. Since the appeal is barred by time and the application - 3 - for condonation of delay has been dismissed by us, the appeal has to be dismissed as time barred and we order accordingly. R.M. Lodha, CJ Kishore K. Mandal, J. Anil/