IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.195 of 2010 Babu Lal Yadav s/o Haro yadav, the Secretary of Vidyalaya Shiksha Samiti, Prathmik Vidyalaya, Morway under Gram Panchayat South Lodhway, P.O. Gurpa, P.S. Fatehpur, Gaya ……… Appellant Versus 1. The State Of Bihar 2. The Commissioner, Human Resources Department, Bihar, Patna 3. Divisional Commissioner, Magadh Division, Gaya 4. District Superintendent of Education, Gaya 5. The Circle Officer, Gaya 6. Block Extension Education Officer, Fatehpur Block, Gaya 7. Block Development Officer, Gaya 8. The Circle Officer, Gaya 9. Addl. Collector cum Senior Officer, Public Complaint Cell, Gaya ………….. Respondents ----------- For the Appellant: Mr. Javed Aslam, Mr. Atul Kumar, Advocates For the 2 3/2/2010 IA.No.996 of 2010 This is an application for condonation of delay of one day in preferring the appeal. Regard being had to the assertions made and upon hearing learned counsel for the petitioner, we think it apposite to condone the delay. Accordingly, the delay in filing the appeal stands condoned. IA. No.996 of 2010 stands allowed. LPA. No.195 of 2010 2 As we have condoned the delay, we are inclined to take up the appeal for admission. In this intra-court appeal the challenge is to the order dated 15.12.2009 passed in CWJC. No.15496 of 2009, whereby the learned Single Judge has declined to interfere with the order dated 21.7.2008, whereby the competent authority has directed for stoppage of work of the school building pending an appropriate decision in view of certain internecine dispute in the village with regard to the location of the school. The learned Single Judge has adverted to the assertions made in the writ petition and taken note of the fact that there has been serious dispute among the members of the village with regard to the location of the school and observed that this matter be decided by the State Government. Being of this view, the learned Single Judge dismissed the writ petition. In view of the aforesaid, we are of the view that when the matter is pending consideration of the State Government for final decision with regard to the location of the school, the same cannot be entertained at 3 this stage. In view of the aforesaid, we are not inclined to interfere with the order passed by the learned Single Judge. Accordingly, the appeal, being devoid of merits, stands dismissed in limine. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)