IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No. 1479 of 2010 IN CIVIL WRIT JURISDICTION CASE NO. 9112 of 2010 WITH INTERLOCUTORY APPLICATION NO.8382 of 2010 IN LETTERS PATENT APPEAL No. 1479 of 2010 ========================================= FULMANI DEVI & ANR Versus THE STATE OF BIHAR & ORS ============================================ APPEARANCE For the Appellants : Mr. Md. Bahauddin, Advocate For the Respondents : Mr. Bibhakar Tiwary, AC to GP XIX =================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 23/9/2010 IA. No.8382 of2010 This application under section 5 of the Limitation Act is filed by the appellants for condonation of delay of 33 days occurred in filing the above Letters Patent Appeal. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. LPA. No.1479 of 2010 Feeling aggrieved by the order dated 25th June 2010 passed by the learned Single Judge in CWJC. No.9112 of 2010, the writ petitioners have preferred the present Appeal under Clause 10 of the Letters Patent. 2 The appellants’ application made under section 48E of the Bihar Tenancy Act has been rejected by the authority below on the principle of res judicata. The appellants challenged the said order before the learned Single Judge. It is not in dispute that earlier in the very subject matter, the claim of the appellants was rejected on 22nd August 2002. That order was not challenged and the same has attained finality. The appellants reiterated their claim in B.T. Case nos.3/2009-10 & 4/2009-10. In view of the earlier order dated 22nd August 2002, the claim has been rejected. We are of the opinion that the learned Single Judge has rightly rejected the writ petition. No case for interference is made out. The Appeal is dismissed in limine. Neyaz/ ( R. M. Doshit,CJ.) ( Jyoti Saran, J.)