UDAY KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This interlocutory application has been preferred under Sec. 5 of the Limitation Act for condonation of delay of 3235 days in preferring the present Letters Patent Appeal, and this Letters Patent Appeal has been preferred against the judgment and order delivered by the learned Single Judge in writ petition being W.P.(S) No.371 of 2009, dated 30.01.2009.

(2.) Having heard counsel for the appellant, and looking to the reasons stated in paragraph no.5 onwards, it appears that after the aforesaid writ petition was dismissed, though the appellant was well advised, as stated in para - 5 of this interlocutory application, no letters patent appeal was preferred and unnecessarily time was wasted by this appellant. The golden thread running throughout the argument is that on the guidance of others the appellant has taken wrong action. It is the prerogative power of this appellant that from whom he will obtain the guidance. He could have got guidance from able person. In fact, the reasons given in this interlocutory application are not reasonable reasons for condonation of delay of 3235 days in preferring the present Letters Patent Appeal, hence, I.A. No.5327 of 2018, is dismissed.

(3.) It has been held by the Honourable Supreme Court in the case of Balwant Singh Vs. Jagdish Singh, reported in (2010) 8 SCC 685, in paragraph nos.25 and 26, which read as under :