IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1398 of 2009 INDRADEEP SHARMA S/O LATE CHETAN SHARMA VILL.- NATHANPUR, P.S.- BIRUPUR, BLOCK- BARAHIYA, DISTT.- LAKHISARAI … Petitioner/ Appellant Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, FOOD SUPPLY AND COMMERCE DEPARTMENT, OLD SECRETARIAT, PATNA 2. THE COLLECTOR, LAKHISARAI 3. THE S.D.O. LAKHISARAI, DISTT.- LAKHISARAI … Respondents/Respondents ----------- For the appellant : Mr. Binod Kumar Singh, Adv. For the respondents: Mr. Lalit Kishore, AAG III with Mr. Pius Lal. ----------- 2. 8.4.2010 Heard Mr. Binod Kumar Singh, learned counsel for the appellant and Mr. Lalit Kishore, learned Addl. Advocate General No.III for the State. Being dis-satisfied with the order dated 5.10.2009 passed by the learned Single Judge in C.W.J.C.No. 12592/2009, whereby he has declined to interfere with the order passed by the appellate authority, namely, Collector, Lakhisarai, wherein the said appellate authority had declined to condone the delay, the present appeal has been filed. On a perusal of the order passed by the learned Single Judge, it is manifest that he has declined to interfere as earlier in C.W.J.C.No. 4623/2007 liberty 2 was granted to prefer an appeal but the same was not filed in quite promptitude. Having heard Mr. Binod Kumar Singh, learned counsel for the appellant and Mr. Lalit Kishore, learned Addl. Advocate General No.III, we are of the considered opinion when the High Court had not fixed any time limit to prefer the appeal and when the appropriate explanation was given in the application for condonation of delay before the appellate authority, the appellate authority should have been well advised to condone the delay and when the said authority had not done so the learned Single Judge should have quashed the order and directed the matter to be heard on merits by the appellate authority. In view of aforesaid, we allow the appeal, set aside the order passed by the learned Single Judge and direct the appellate authority, namely, Collector, Lakhisarai to dispose of the appeal preferred by the appellant on merits within a period of four months from the date of receipt of the order passed today. A free copy of the order be handed over to Mr. Pius Lal, learned counsel for the State, assisting Mr. 3 Lalit Kishore, Addl. Advocate General No.III to do the needful in the matter. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) Surendra/