IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.13924/2024 [Arising out of SLP (C) No.12536/2019]
SHEO SHANKAR PRASAD (DEAD) through Lrs. Appellants
VERSUS
THE STATE OF BIHAR & ORS. Respondents
O R D E R
1. Delay condoned; abatement is set aside.
2. Application for substitution is allowed.
3. The widow and son of the original petitioner, Sheo Shankar
Prasad (since deceased), shall be brought on record as substituted
petitioners.
4. Leave granted.
5. Sheo Shankar Prasad instituted a writ petition1 in the High
Court of Judicature at Patna. By an order dated 18th January, 2016, the
Single Judge of the High Court dismissed the writ petition on the
ground of delay.
6. An intra-court appeal2 was carried to the Division Bench of the
High Court by Sheo Shankar Prasad. The said appeal was also
dismissed by an order dated 03rd May, 2017 on the ground that the
learned Judge was right in dismissing the writ petition on the ground
1 Writ Jurisdiction Case No.7506 of 2011 2 Letters Patent Appeal 593/2016
of delay.
7. We have no hesitation to hold that both the learned Judge as
well as the Judges of the Division Bench were grossly wrong in
dismissing the writ petition on the ground of delay. It is on this short
ground that the impugned judgment(s) and order(s) could have been
set aside and the matter remanded to the High Court for fresh
decision. Howe...