IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.628 of 2010 ***** 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY DEPARTMENT OF ART, CULTURE AND YOUTH, BIHAR, PATNA 3. THE DEPUTY SECRETARY DEPARTMENT OF ART, CULTURE AND YOUTH, BIHAR, PATNA 4. THE DIRECTOR, DIRECTORATE OF ARCHEOLOGY, BIHAR, PATNA. …. …. Respondents/Appellants Versus 1. MD. SALIMUDDIN S/O LATE NASEERUDDIN R/O MOHALLA- KHALI PURA, P.S. DANAPUR, DISTT.- PATNA 2. SHYAM NANDAN PD. GUPTA S/O LATE CHHOTHU SAH R/O VILL.- DHIKRA, P.S. PHULWARISHARIF, DISTT.- PATNA. …. …. Petitioners/Respondents ----------- For the Appellants : Mr. P.K.Verma, Advocate For the Respondents : Mrs. Anju Jha, Advocate ------------- 3. 13.4.2010. I.A. No. 3240 of 2010: - This is an application for condonation of delay of 173 days in preferring the appeal. We have heard Mr. P.K.Verma, learned counsel for the appellants and Mrs. Anju Jha, learned counsel for the respondents. Regard being had to the averments made in the petition, we find sufficient cause does exist for condonation of delay and, accordingly, the delay in filing the appeal is condoned. - 2 - Interlocutory application stands disposed of. L.P.A. No. 628 of 2010: - As we have condoned the delay we are disposed to take-up the appeal for admission and final disposal. On consent of learned counsel for the parties the appeal is finally disposed of. In this intra-court appeal the challenge is to the order dated 6.8.2009 passed by the learned Single Judge in C.W.J.C. No. 9279 of 2009, whereby he has directed as follows: - “Having heard learned counsel for the petitioner and the State, I direct the State respondents to consider the claim of the petitioner for regularization in the light of the circular of the State Government dated 10.5.2005 in accordance with law as early as possible in any case within two months from the date of receipt/production of a copy of this order.” Having heard learned counsel for the parties, we are of the considered opinion that the learned Single Judge has not expressed any opinion on the merits of the case and has also not given any kind of categorical direction. In view of the aforesaid, we are not inclined to interfere with the impugned order and, accordingly, the appeal, being devoid of merit, stands dismissed. There shall - 3 - be no order as to costs. Pawan/- (Dipak Misra, CJ) (Mihir Kumar Jha, J)