IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.863 of 2007 1. STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, SINCHAI BHAWAN, PATNA 2. THE UNDER SECRETARY, WATER RESOURCES DEPARTMENT GOVT. OF BIHAR, SINCHAI BHAWAN, PATNA. Versus 1. VIVEKANAND PRASAD SON OF LATE ANANT LAL DAS, EXECUTIVE ENGINEER, AT PRESENT TECHNICAL ADVISOR TO WATER WAYS, CIRCLE MOHANIA AT BHABHUA DISTT- KAIMUR 2. THE COMMISSIONER-CUM-SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, SINCHAI BHAWAN, PATNA. 3. THE ENGINERR-IN-CHIEF-CUM-SPECIAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, SINCHAI BHAWAN, PATNA. 4. THE CHIEF ENGINEER, DEHRI WATER RESOURCES DEPARTMENT AT DEHRI, DISTT-ROHTAS 5. THE SUPERINTENDING ENGINEER, WATER WAYS CIRCLE BHABHUA, KAIMUR, DISTT-KAIMUR 6. THE EXECUTIVE ENGINEER, GANDAK DESIGN DIVISION NO.2 MOTIHARI 7. THE DISTRICT MAGISTRATE/COLLECTOR, MOTIHARI 8. THE DIRECTOR PROVIDENT FUND, GOVT.D OF BIHAR, PATNA 9. THE ACCOUNTANT GENERAL, BIHAR, PATNA.---OPP- PARTY ----------- Reg:- I.A. No. 4634 of 2007 8 28.1.2009 This application has been filed for condoning the delay in filing the application. Various steps which have been taken before filing the application have been narrated in the limitation application. Despite service of notice on Opposite party No.1, no body has chosen to appear on his behalf. Cause shown in the application is - 2 - sufficient to condone the delay in filing the application. Accordingly, this application is allowed and delay in filing the application is condoned. Now we take up the matter on merit. This application has been filed for restoration of L.P.A. No.130 of 2007 as also the limitation petition filed therein which has been dismissed by order dated 19.2.2007 for want of prosecution. Heard. For the reasons stated in the application, LPA No. 130/2007 as also the limitation petition filed therein are restored. Application stands allowed. (Chandramauli Kr.Prasad, ACJ.) (Shyam Kishore Sharma,J.) A.Kumar