IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1392 of 2009 ***** 1. BIRMANI PRASAD S/O LATE DEO SHARAN PRASAD R/O VILL- GAURHAPAR, P.O-BARHAUNA, P.S-CHANDI, DISTT- NALANDA. …. …. Petitioner/Appellant Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY AND COMMISSIONER, ROAD CONSTRUCTION DEPARTMENT, GOVT.OF BIHAR, PATNA 2. ENGINEER-IN-CHIEF-CUM-SPECIAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT GOVT. OF BIHAR, PATNA 3. CHIEF ENGINEER, ROAD CONSTRUCTION (COMMUNICATION) SOUTH BIHAR WING, BIHAR, PATNA 4. SUPERINTENDING ENGINEER, ROAD CONSTRUCTION CENTRAL CIRCLE, PATNA 5. EXECUTIVE ENGINEER, ROAD CONSTRUCTION DIVISION, BIHARSHARIF, PATNA. …. …. Respondents/Respondents ----------- 3. 16.4.2010. On being mentioned this matter was listed under the heading ‘to be mentioned’. Mr. D.K.Sinha, learned senior counsel appearing for the appellant submitted had Annexure- 9 to the L.P.A. been properly appreciated, this Court would not have dismissed the appeal on delay and laches. The aforesaid submission, in our considered opinion, does not deserve acceptation inasmuch as a money claim was advanced after span of ten years. Thus, there is no - 2 - warrant or justification to recall or review the order dated 8.4.2010. Pawan/- (Dipak Misra, CJ) (Mihir Kumar Jha, J)