IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.933 of 2010 IN CIVIL WRIT JURISDICTION CASE No. 1879 of 2010 WITH INTERLOCUTORY APPLICATION No. 5235 of 2010 IN LETTERS PATENT APPEAL No.933 of 2010 ==================================================== Maa Jagdamika Construction Private Limited, Karma Road, Aurangabad, P.S. Aurangabad Town, Distt.- Aurangabad, Bihar Through Its Director Shri Rajeshwar Singh S/O Late Mundrika Singh Karma Road, Aurangabad, P.S. Aurangabad Town, Distt.- Aurangabad. …. …. Petitioner-Appellant Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. The Principal Secretary, Water Resources Department, Govt. of Bihar, Patna 3. The Engineer-In-Chief (Mid), Water Resources Department, Govt. of Bihar, Patna 4. The Engineer-In-Chief (North), Water Resources Department, Govt. of Bihar, Patna 5. The Deputy Secretary cum Internal Financial Advisor, Water Resources Department, Govt. of Bihar, Patna 6. The Superintending Engineer, Flood Control and Monitoring Circle, Sichai Bhawan, Patna 7. The Executive Engineer, Office of the Engineer-In-Chief Koshang, Patna 8. The Executive Engineer, Ganga Pump Canal Division No. 2, Bateshwarasthan, Kahalgaon, Camp- Shivnarayanpur (Bhagalpur). …. …. Respondents-Respondents ==================================================== Appearance : For the Appellant : Mr. Prabhakar Singh, Advocate For the Respondent: Mr. Lalit Kishore, A.A.G.-3 ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 10. 8.9.2010. Interlocutory Application No. 5235 of 2010:- This application under Section 5 of the Limitation Act has been filed by the appellant for - 2 - condonation of delay of 66 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay in filing the Letters Patent Appeal is condoned. The Interlocutory Application stands disposed of. Letters Patent Appeal No. 933 of 2010: This appeal preferred under Clause 10 of the Letters Patent arises from the order dated 4th February 2010 made by the learned single Judge in C.W.J.C. No. 1879 of 2010. The matter in dispute arises from cancellation of works order awarded to the petitioner. If the cancellation of the works order is illegal, the remedy lies elsewhere. A petition under Article 226 of the Constitution could not be maintained. The learned single Judge has rightly dismissed the writ petition. No case for interference is made out. The appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)