IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.884 of 2010 ***** 1. THE STATE OF BIHAR 2. S.K. TIWARY, THE CHIEF EXECUTIVE OFFICER,GAYA MUNICIPAL CORPORATION, GAYA, DISTRICT GAYA (BIHAR). 3. SRI TRILOKI SHARMA, THE OFFICE SUPERINTENDENT CUM ACCOUNT OFFICER, GAYA MUNICIPAL CORPORATION, GAYA, DISTRICT GAYA (BIHAR). 4. SRI VIJAY KUMAR JHA, THE REVENUE OFFICER, GAYA MUNICIPAL CORPORATION, GAYA, DISTRICT GAYA (BIHAR). ... ... Appellants Versus HARI RAM SINGH SON OF LATE RAMSWAROOP SINGH, RESIDENT OF VILLAGE BIKRAMPUR, POST OFFICE KAMARIYAO, POLICE STATION TIYAR, DISTRICT BHOJPUR AT ARRAH (BIHAR). ... ... Respondent For the Appellants : Mr. Lalit Kishore, AAG-III For the Respondent : Mr. Nityanand Mishra, Advocate ----------- 2. 17.5.2010. I.A. No.4833 of 2010 This is an application for condonation of delay of 48 days in preferring the appeal. Regard being had to the assertions made in the application, we find sufficient cause exists for condonation of delay and, accordingly, delay in filing the appeal is condoned. Interlocutory application stands allowed. L.P.A. No. 884 of 2010: - As we have condoned the delay, we are inclined to take up the appeal for admission and final disposal. - 2 - Heard Mr. Lalit Kishore, learned Additional Advocate General-III for the State and Mr. Nityanand Mishra, learned counsel for the respondent. Mr. Lalit Kishore, learned counsel for the State submitted that he does not intend to challenge any other aspect of the order except the imposition of cost of Rs.20,000/-. Mr. Nityanand Mishra, learned counsel for the respondent submitted that imposition of cost was justified in the facts and circumstances of the case. In course of hearing, a suggestion was given that instead of Rs.20,000/-, the amount should be reduced to Rs.5,000/- and be given as ex gratia to the respondent Shri Hari Ram Singh. The suggestion was accepted by Mr. Mishra, subject to the condition that the order in entirety should be complied with by 15th June, 2010. Mr. Lalit Kishore has no objection to the same. With the aforesaid modification in the order, the appeal shall stand disposed of. No order as to costs. Pawan/- (Dipak Misra, CJ) (Rakesh Kumar, J)