Due to the continuing effects of COVID-19 in and around Patna, a full bench decided on extending the date of operation for Interim Orders till May 18.
Directions Issued
The Bench comprising of Chief Justice Sanjay Karol, J. Dinesh Singh and Hemant Shrivastava directed, as follows:
- All Interim Orders passed by any authorities in Bihar that fall under the Patna High Court Patna, before 16 March 2020 stand suspended till May 18. Unless otherwise directed by the Supreme Court.
- If any party has suffered from extreme hardship, they can seek a modification of continuance of such an Interim Order. They can move applications in cases where no Interim Order issued by any authority would interfere in its consideration.
- Interim Orders passed by all authorities under the High Court (Patna) expired after 16th March due to lockdown i.e. till 3rd May will continue till May 18, 2020, now.
- These guidelines do not cover Interim Orders that are not of limited duration.
- The Orders can be complied with by 17 May 2020 (extended Date). This includes Peremptory Orders. Any authority under the High Court (Patna) can issue the Order. The Court cannot pass an adverse Order for non-compliance with such directions between 16 March – 17 May 2020.
- Any Order for eviction, demolition, or disposition passed by any authority except Supreme Court stands suspended till May 18, 2020.
- State shall not take action until May 17 unless it is necessary for the public interest. The State shall take all other conditions into account.
- The period from 16th March – 17th May 2020 shall be excluded while computing limitations under the Statute or complying with Judicial Orders passed by any Courts or Sub-Courts.
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