LAWS(PAT)-2005-1-4

AMAR KUMAR Vs. STATE OF BIHAR

Decided On January 28, 2005
Amar Kumar Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the appellant and counsel for the Biscomaun on the question of limitation.

(2.) TAKING into consideration the reasons assigned in the same, the limitation petition is allowed and the appeal be treated to be filed within time.

(3.) PRESENT appeal arises out of an order of the writ court dated 25.2.2004 in C.W.J.C. No. 2147 of 2004 whereby the writ court in view of the fact that the petitioners father had died on 12.12.1997 (it is contended by the appellant that actual date is 12.10.1997 and it is a typographical error showing it as 12.12.1997) and on the aforesaid date as the appellant was a minor in view of law settled by the Apex Court a person who was a minor on the date of death of the bread earner was not entitled for compassionate appointment dismissed the writ petition.