IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12592 of 2009 ***** Indradeep Sharma, son of Late Chetan Sharma, resident of village- Nathanpur, P.S. Birupur, Block Barahiya, District-Lakhisarai. …. …. Petitioner 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, District-Lakhisarai. …. …. Respondents ----------- For the Petitioner : Mr. Binod Kumar Singh, Advocate For the State : Mr. Santosh Kumar Singh, Standing Counsel-XXII ----------- 2. 5.10.2009. Heard counsel for the parties. Way back on 7.7.2008 petitioner was granted liberty to file and exhaust the remedy of statutory appeal. The Court duly recorded in its order that if the appeal is filed by the petitioner without any delay the past delay in filing the said appeal will be condoned by the authorities. The appeal in question came to be filed but only on 14.11.2008 after many months of passing of the earlier order of the Court. The appellate authority, namely, Collector, Lakhisarai dismissed the appeal on the ground that there is no explanation for the delay in filing of the appeal between 7.7.2008 to 14.11.2008 and, therefore, it has been dismissed on that ground without going into the merit of the matter. Merely because the High Court has granted indulgence to the petitioner to file the appeal and a direction was issued to condone the delay does not mean that the petitioner has luxury of filing the appeal as and when it suited him. In absence of any explanation as to what prevented him from filing the appeal between July, 2008 to November, - 2 - 2008 there is no infirmity in the impugned order. The court is not inclined to interfere with the said order in absence of any illegality. The writ application is dismissed. Pawan/- (Ajay Kumar Tripathi, J.)