IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2783 of 2008 1. Patna Municipal Corporation through Commissioner-cum-Chief Executive Officer, Patna Municipal Corporation, Patna. 2. The Commissioner-cum-Chief Executive Officer, Patna Municipal Corporation, Patna --- Appellants/Petitioners. Versus 1. Md. Niraj Kumar Verma son of late Dineshwar Prasad Verma resident of Mohalla-Mohammadpur, Mahendru P.S. Sultanganj, District- Patna. ---- Respondent- Opp.Parties Ist Set. 2. The Mayor of Patna Municipal Corporation, Patna ---- Respondents- Opp.Parties-2nd Set. --------- I.A. No. 1590 of 2009 3. 24.3.2009 Heard learned counsel for the petitioners. This application has been filed by the appellants of L.P.A. No. 984 of 2007, for recall of the order dated 21.8.2008, whereby the appeal stood dismissed for non-prosecution. This application is in the nature of an application for condonation of the delay in filing the present application. We agree with the order of the learned Single Judge dated 28.8.2007, passed in C.W.J.C.No. 11244 of 2005 (Niraj Kumar Verma Vrs. Patna Municipal Corporation & ors.), giving rise to the appeal. It appears that the entitlement of the writ petition was not in challenge. The Corporation’s main objection was its poor financial resources which has been rejected by the learned Single Judge. We agree with the order and do not find any merit in this application. Consequently, we are of the view that no useful purpose will be served by condoning the delay in filing the appeal. I.A. No. 1590 of 2009 is rejected. Consequently, restoration application also stands rejected. Vinay/ ( S. K. Katriar ,J. ) (Kishore K. Mandal,J.)