IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.854 of 2009 ---- 1. Bihar Rajya Prajapati Samanway Samiti, Branch-Bakarpur through its President Baban Pandit, Police Station- Sonepur, District-Saran at Chhapra. 2. Baban Pandit son of Late Yadu Pandit, resident of Village- Bakarpur, Police Station-Sonepur, District-Saran at Chhapra. At present President of Bihar Rajya Prajapati Samanway Samiti, Branch-Bakapur. -- Appellants. Versus 1. The State of Bihar. 2. The Commissioner, Saran Division, Chhapra. 3. The Collector, Saran at Chhapra. 4. The District Fisheries Officer-cum-Chief Executive Officer, Saran, Chhapra. 5. Chandra Bhushan Prasad son of Anirudh Prasad. 6. Mundrika Prasad Chaurasia son of Late Ram Laxamain Bhagat. 7. Indradeo Bhagat son of Late Laxami Bhagat. 8. Munilal Bhagat son of Nathu Bhagat Sl.No.5 to 8 are resident of Village-Bakarpur, Police Station-Sonepur, District-Saran,Chhapra. -- Respondents. ------ For the appellants : Mr. Rajesh Kumar Singh, Advocate. For the respondents State: Mr. Amar Nath Deo, Standing Counsel-X with Mr. Vijay Bharti, A.C. to S.C.X. ---- 03. 22/01/2010 I.A.No.3957 of 2009. This is an application for condonation of delay. 2. We have heard Mr. Rajesh Kumar Singh, learned counsel for the appellant and Mr. Amar Nath Deo, learned counsel for the State. - 2 - 3. Having heard learned counsel for the parties, we are inclined to condone the delay in the filing of appeal as we are of the considered opinion that sufficient cause does exist for the same. 4. The interlocutory application stands allowed. L.P.A.No.854 of 2009 5. As we have condoned the delay in preferring the appeal, we are inclined to take up the appeal for admission. 6. On consent of learned counsel for the parties, it is finally heard. 7. The challenge in this appeal is to the order dated 26.03.2009 passed by the learned Single Judge in CWJC No.2208 of 2008, whereby he has declined to interfere with the order dated 26.06.2007 passed by the Commissioner, Saran Division, Chapra in Settlement Appeal No.23/04-05, wherein he has directed to settle Bakarpur pond by issuing proper notice to the public in general. 8. Having heard learned counsel for the parties, - 3 - we only add the notice shall be issued to the public in general, but that would not entitle the persons, who are not eligible to participate in the process of settlement as per law. The competent authority shall carry out the order of the Commissioner within a period of two months from the date of receipt of the order passed today. 9. With the aforesaid observation and direction, the appeal stands disposed of. Sunil (Dipak Misra, CJ.) (Shiva Kirti Singh, J.)