IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.346 of 2010 ***** 1. TRIVENI KANT CHAUDHARY S/O LATE RAJESHWAR CHAUDHARY R/O GANDAUL, P.S. MAHISI, DISTT.- SAHARSA. …. …. Petitioner/Appellant Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY WATER RESOURCES DEPTT., PATNA 2. THE CHIEF ENGINEER, BARAJ CIRCLE, BIRPUR, DISTT.- SUPAUL 3. SUPERINTENDING ENGINEER, BARAJ CIRCLE KOSHI YOJNA, BIRPUR DISTT.- SUPAUL 4. EXECUTIVE ENGINEER, KOSHI WESTERN EMBANKMENT, NIRMALI, DISTT.- SUPAUL. …. …. Respondents/Respondents ----------- For the Appellant : Mr. Umanath Mishra, Advocate For the State : Mr. Dhananjay Kumar, A.C. to G.P.-12 ------------ 2. 4.3.2010. I.A. No. 1788 of 2010: - This is an application under Section 5 of the Limitation Act for condonation of delay in preferring the appeal. Mr. Dhananjay Kumar, learned counsel for the State has no objection for condonation of delay and accordingly delay in preferring the appeal stands condoned. Interlocutory Application stands disposed of. L.P.A. No.346 of 2010: - As we have condoned the delay, we are inclined to take up the appeal for admission. On consent of - 2 - learned counsel for the parties it is finally heard. Questioning the legal propriety of the order dated 4.1.2010 passed by the learned Single Judge in C.W.J.C. No. 18643 of 2009, the present appeal has been filed. Be it noted, the learned Single Judge has declined to interfere with regard to grant of payment in respect of the work assigned to the appellant in the year 1988 and 1989 on the ground of staleness of the claim. That apart, we may add, a monetary claim of this nature could not have been entertained in a writ petition unless there was a categorical and unequivocal admission by the State. Thus, on the ground of staleness and in the backdrop of factual matrix, we do not perceive any error in the order passed by the learned Single Judge, and accordingly, the appeal, being sans merit, stands dismissed without any order as to costs. Pawan/ (Dipak Misra, CJ) (Ramesh Kumar Datta, J.)