IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1023 of 2009 VIVEKA NAND SINGH, son of Deo Prasad Singh, Proprietor of Viveka and Company, Resident of Bhola Bhawan, Balu Ghat, P.S. Sultanganj, District Patna … Respondent no.9/ Appellant Versus 1. THE STATE OF BIHAR 2. The Secretary, R.E.O., Government of Bihar, Technical Secretariat, Secretariat, Vishwasaraiya Bhawan, Bailey Road, Patna 3. The Collector, Patna 4. The Superintendent Engineer, R.E.O., 5th Floor, Vishwasaraiya Bhawan, Bailey Road, Patna 5. The S.D.O., R.E.O. Patna Division, Boring Canal Road, near Harijan Thana, Patna 6. The Executive Engineer, R.E.O. Patna Division, Boring Canal Road, near Harijan Thana, Patna 7. The Civil S.D.O., Paliganj, Police Station and Anchal Office Paliganj, District Patna 8. The Office In-charge, Dulhin Bazar P.S., Anchal office Dulhin Bazar, District Patna … Respondents/ Respondents 9. Yugeshwar Singh, son of late Ram Padarath Singh 10. Vijay Singh, son of late Mahendra Singh 11. Shiv Narayan Gupta, son of late Chalittar Sao 9 to 11 are resident of village Sorampur, P.O. and P.S. Dulhin Bazar, Anchal Dulhin Bazar, District Patna … Petitioners/ Respondents. ----------- 4. 15.2.2010 Heard Mr. D.K.Sinha, learned Senior counsel for the appellant, Mr. Sidheshwari Pd. Singh, learned Senior counsel for respondents no. 9 to 11 and Mr. Subhash Prasad Singh, G.A.VIII for the State. In this intra court appeal challenge is the order dated 6.7.2009 passed by the learned Single Judge in C.W.J.C.No. 10309/2007. The only point that has been canvassed by Mr. D.K.Sinha, learned Senior 2 Surendra/ counsel for the appellant, is that the learned Single Judge while declining to interfere with the compensation under Article 226 of the Constitution of India and directing the present appellant to prefer a suit has made certain observations which might cause prejudice in the adjudication of the suit. Having heard Mr. Sinha, learned Senior counsel for the appellant and Mr. Sidheshwari Pd. Singh, learned Senior counsel for respondents no. 9 to 11, we are only inclined to modify the order of the learned Single Judge to the extent that the civil court shall proceed with the suit as per time frame given by the learned Single Judge without being influenced in any manner, by any observation made by the learned Single Judge. The appeal stands disposed of accordingly. There shall be no order as to costs. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) 3