IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1560 of 2010 IN CIVIL REVIEW No. 87 of 2009 WITH INTERLOCUTORY APPLICATION No. 8711 of 2010 IN LETTERS PATENT APPEAL No.1560 of 2010 ==================================================== Lal Babu Sinha, S/o Late Anup Lal Sinha, resident of South Mandiri, Opposite Nand Lal Bhawan, P.S.-Buddha Colony, District-Patna. …. …. Appellant-Petitioner Versus 1. The State of Bihar. 2. Secretary, Finance Department, Government of Bihar, Patna. 3. Deputy Secretary, Finance Department, Government of Bihar, Patna. …. …. Respondents/Opposite Party ==================================================== Appearance : For the Appellant : Mr. Ajay Kumar Sinha, Advocate with Mr. Manoj Kumar Sinha, Advocate For the Respondent: Mr. Vikas Kumar, A.C. to A.G. ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3. 4.11.2010. Re. Interlocutory Application No. 8711 of 2010:- This application under Section 5 of the Limitation Act is made by the appellant for condonation of delay of 100 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No. 1560 of 2010:- This appeal preferred under Clause X of the Letters Patent arises from the order dated 2nd April 2010 - 2 - passed by the learned single Judge in above C. Rev. No. 87 of 2009. Matter at dispute is the rent recovered by the State Government for the residential house allotted to the writ petitioner while he was in service of the State of Bihar. The challenge to the recovery of rent from the amount of gratuity payable to the writ petitioner has failed before the learned single Judge. The application for review was also dismissed under the impugned order dated 2nd April 2010. Therefore, the present appeal. Learned Advocate Mr. Ajay Kumar Sinha has appeared for the appellant. He admits that the appellant on reaching the age of superannuation retired from the government service on 30th November 1999. Evidently, the matter is stale. The rent of Rs.125/- per month, though may not have been determined by the State of Bihar, recovered from the writ petitioner for the period he occupied the residential quarter while he was posted at Delhi on deputation cannot be said to be so unreasonable or to entertain the writ petition after more than ten years. The appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)