IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.973 of 2006 1. THE STATE OF BIHAR 2. The Commissioner-cum-Secretary, Water Resources Department, Government of Bihar, Patna. 3. The Director, Land Acquisition and Rehabilitation, Water Resources Department, Government of Bihar, Patna. Versus 1. DILIP KUMAR JHA son of Sushil Jha, resident of village- Tharhi, PS Andhra Thari, District Madhubani 2. Uday Nath Jha, son of Sri Baidyanath Jha, resident of village - Tharhi, PS Andhra Thari, District Madhubani ----------- 7 01-04-2009 Since nobody has appeared to oppose the prayer to condone the limitation, the delay of 91 days in preferring this appeal is condoned. Heard learned counsel for the appellant and perused the judgement and order under appeal by which the case of the writ petitioners have been remitted to the authorities of the State Government for final decision in accordance with Constitution Bench Judgement of the Supreme Court in the case of Secretary, State of Karnatka and others vrs Uma Devi and others (2006) 4 SCC 1. There is no independent determination of any issue either of fact or law so as to warrant appellate jurisdiction in the present case. The learned writ court has followed the judgement of Division Bench in letter as well as in spirit. In such circumstances, we find no merit in this appeal. It is, therefore, dismissed. BKS/ (Shiva Kirti Singh,J.) (Dharnidhar Jha, J.)