IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.265 of 2009 1. Sk. Md. Suleman, 2. Sk. Md. Shamshad Ali Gaushi, Both sons of Sk. Md. Jalil, 3. Bibi Quraisha Khatoon wife of Sk. Md. Jalil,s All residents of village Safiyabad,P.S. Baikunthpur, District Gopalganj… Petitioners/Appellants Versus 1. The State of Bihar, 2. Member Board of Revenue, Bihar, Patna, 3. The Additional Collector, Gopalganj, 4. The Deputy Collector, Land Reforms, Gopalganj, 5. Abdool Sattar son of late Ghafoor Mian, 6. Md. Naimuddin son of late Habib, Both residents of villalge Reotithgarh, P.S. Baikunthpur, District Gopalganj, …Respondents/Respondents 7. Md. Dilshad Ali son of Sk. Md. Jalil, resident of village Safiayabad, P.S. Baikunthpur, District Gopalganj, … … Petitioner/Respondent.. …Respondents For the Appellants: Mr. Md. Anisur Rahman, Advocate … 2 26.03.2009 Land Ceiling Case No. 27/94-95 ended against the appellants. Revision application was also dismissed by the Member, Board of Revenue vide order dated 1.10.2002 and that order was challenged in 2007 after expiry of five years. The learned single Judge of this Court rejected the writ application on the ground of delay and laches, as the inordinate delay in approaching this Court was not explained. The power as envisaged under Article 226 of the 2 Constitution of India is discretionary one and it should not be exercised in all cases, rather in extra-ordinary case. In view of the long delay in challenging the impugned order, learned single Judge rightly refused to exercise discretionary jurisdiction. We see no ground to interfere with the same in an intra Court Appeal. This appeal is, accordingly, dismissed. (J.B. Koshy, CJ) SC ( Dr. Ravi Ranjan, J.)