After taking into consideration the continuing effects of COVID-19 in and around Patna, a full bench decided against prolonging the date of operation for interim orders till May 18.
The bench comprising of Chief Justice Sanjay Karol, Justice Dinesh Kumar Singh and Hemant Kumar Shrivastava passed few directions concerning this judgment:
- Unless directed by the Supreme Court of India, all interim orders passed by tribunals, courts, or any other authorities in Bihar that fall under the power of superintendence of High Court of Judicature at Patna, before 16th March 2020 shall stand suspended till the 18th of May.
- If any party has suffered from extreme hardship, they will be entitled to seek a modification of continuance of such an interim order by moving applications in case of proceedings wherein no interim order issued by any tribunal, court or authority would come in the way of consideration of the application.
- Interim orders passed by all courts, tribunals, and authorities that fall under the power of superintendence of the High Court of Judicature of Patna that has expired after 16th march due to the ongoing pandemic or as a result of the lockdown i.e. up to 3rd May 2020 shall be deemed to be in continuance till 18th of May, 2020.
- Interim orders that are not of limited duration are not to be governed by these guidelines.
- The period for complying with any orders, including peremptory orders, issued by the court in judicial proceedings by any tribunal, authority or court under the power of superintendence of the High Court of Judicature of Patna would be deemed to have been extended up to 17th May. No adverse order shall be passed for non-compliance of such directions directed to comply between 16th march- 17th May 2020.
- Any order or decree for eviction, demolition or disposition which is passed by any court, authority or tribunal unless passed by the Supreme Court shall continue to remain suspended till 18th of May, 2020.
- Taking into account all the conditions, the state shall not take any action until the 17th may unless necessary for the public interest.
- The period from 16th of March, 2020 till the 17th of May, 2020 shall be said to have been excluded for computing limitation under the statute or for complying with judicial orders passed by courts or subordinate courts.
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