IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.918 of 2008 Nav Durga Top Tech. Pvt. Ltd. IVth Floor, Biscomaun Tower, Gandhi Maidan, Patna through its Director Uday Shankar Tiwary son of late Jagta Nand Tiwary, resident of At+P.O. & P.S. – Pandarak, District – Patna ………. Petitioner – Appellant. Versus 1. The State Of Bihar through Commissioner Cum Secretary, Department of Transport, Government of Bihar, Patna 2. The Joint Commissioner, Department of Transport, Government of Bihar, Technical Secretariat, Patna 3. The District Transport Officer, Biscomaun Bhawan, Patna 4. BELTRON Bhawan, Baily Road, Patna through its Managing Director ………. Respondents- Respondents. ----------- For the Appellant: Mr. Amit Kumar, Advocate Mr. Mrigank Mauli, Advocate For the Respondents : Mr. Gyan Prakash Ojha, J.C. to G.A. VII ----------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 21st November, 2008. The appeal suffers from delay of 29 days for which an application (I.A. No. 6827 of 2008) has been made. Even if we condone the delay in filing the appeal, in our considered view, appeal does not deserve to be admitted and, it is liable to be dismissed. 2. As a matter of fact, the entire material placed on record by the appellant does not indicate that any crystallized right was created in its favour nor the documents indicate that there was any promise of any nature whatsoever made by respondent nos. 1 to 3 in favour of the appellant. The whole writ petition is founded on wrong - 2 - assumption that work was allotted to it for computerization and other alike matter of the Regional Transport Offices. As a matter of fact, no work has been allotted to the appellant for computerization and other alike matter. The matter was only at the stage of demonstration which, never fructified in the form of any agreement with the state government and its functionaries. In this view of the matter, dismissal of writ petition by the Single Judge cannot be said to suffer from any legal flaw. 3. L.P.A. is dismissed in limine. We, however, clarify that the observation made by us are only for the purposes of consideration of the matter in appeal and shall not be an impediment, in case, the appellant pursues its ordinary civil remedy for redressal of its grievances by filing a suit. 4. This disposes of application for condonation of delay as well. R.M. Lodha, CJ Kishore K. Mandal, J. Anil/