IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.352 of 2008 ANIL KUMAR CHAUDHARY Versus THE STATE OF BIHAR & ORS ----------- For the appellant : Mr. Binod Kumar Kanth, Senior Advocate Mr. Prafull Chandra Thakur, Advocate For the respondents No. 1 to 4 : Mr. Md. Anis Akhtar, Junior Counsel to Additional Advocate General-X For the respondent No.5 : Mr. Binodanand Mishra, Advocate ------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----- Dated, the 10th September, 2008 I.A.No.2816 of 2008 The Letters Patent Appeal suffers from delay of six days. For condonation thereof, an application (I.A.No.2816/2008) has been made. 2. For the reasons stated in the application, we are satisfied that the appellant was prevented by sufficient cause in filing the appeal in time. 3. We, accordingly, condone the delay in filing the appeal. 4. I.A.No.2816/2008 stands disposed of. 5. We heard Mr. Binod Kumar Kanth, senior counsel for - 2 - the appellant and perused the circular No.10 (R) 2-0-51/78.2526 R, dated 12th September, 1978 relied upon by him. 6. After arguing the matter for some time, the senior counsel submitted, and, in our view fairly, that this circular is not applicable to the settlement for collection of toll at bus stands. He, however, submitted that according to his information, there is some letter issued by the Government of Bihar under which such settlements are finalised. 7. Since the senior counsel himself admits that this circular dated 12th September, 1978 is not applicable to the settlement for collection of toll at bus stands, the collector cannot be said to have acted properly in relying upon the circular and ordering auction. 8. Besides that it transpires from the advertisement that the period of settlement is from 01st October, 2007 to 30th September, 2008. Hardly twenty days are left before the period of settlement expires. 9. For all these reasons, we are satisfied that no interference is called for in the impugned order. L.P.A. is dismissed accordingly. R. M. Lodha, CJ Kishore K. Mandal, J. sunil