THAKUR DAS MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant review petition has been preferred for review of order dated 17.12.2014 passed in W.P.(S) No.5722 of 2009 whereby and whereunder this Court has declined to interfere with the relief sought for by the petitioner in the writ petition by dismissing it.

(2.) The review petition is since barred by limitation, therefore, I.A. No.4437 of 2018 has been preferred for condoning the delay of 1239 days in filing the instant review petition for the reason that the order passed by the writ Court had been challenged under Letters Patent Appellate jurisdiction being L.P.A. No.51 of 2015 but the same was permitted to be withdrawn vide order dated 04.04.2018, the certified copy of the aforesaid order was obtained on 22.04.2018 and as such the delay has occurred in filing instant review petition.

(3.) This Court, after hearing learned counsel for the parties and after going through the reasons mentioned in the interlocutory application is of the view that the review petition needs to be decided on merit and as such deems it fit and proper to condone the delay so that the review petition may not be dismissed on technicalities. In view thereof, and for the reasons stated in the interlocutory application, delay in filing instant review petition is condoned. Accordingly, I.A. No.4437 of 2018 stands allowed.