IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.928 of 2009 ---- Virendra Kumar Singh, S/o Late Jagannath Singh, resident of Village-Kuerpur, P.S.-Pipra Kothi, District- East Champaran. -- Petitioner-Appellant. Versus 1. The State of Bihar. 2. The Commissioner-cum-Secretary, Public Work Department, Bihar, Patna. 3. The Chief Engineer, N.H.Circle, Muzaffarpur. 4. The Executive Engineer, N.H.Division, Sitamarhi. 5. The Superintending Engineer, N.H.Circle, Muzaffarpur. -- Respondents-respondents. ----- For the appellant : Mr. Shri Prakash Srivastava, Advocate. For the Respondents : None. ---- 03. 28.01.2010 I.A.No.4434 of 2009 This is an application for condonation of delay of 69 days in preferring the appeal. Before adverting to the issue of condonation of delay, we thought it apt to address ourselves with regard to merits of the appeal. It is submitted by Mr. Srivastava, learned counsel appearing for the appellant that when the learned Single Judge has directed for payment of the amount on the basis of the admitted position put forth by the State that there is balance to be paid to the appellant and could not be paid because of paucity of fund and lack of allocation, he would have been well advised to award interest. It is worth noticing - 2 - the claim of the appellant pertains to the year 2002 and the writ petition was filed in the year 2008. In our considered opinion, the circumstances do not warrant grant of interest and, therefore, we perceive no error in the order of the learned Single judge. In view of the aforesaid, there is no justification to issue notice on the question of limitation and, accordingly, the application for condonation of delay stands rejected and, as a sequitur, the appeal also stands dismissed in limine. Sunil (Dipak Misra, C.J.) (Mihir Kumar Jha, J.)