JUDGEMENT 1. Per: Hohble the Chief Justice Re. Interlocutory Application No. 4803 of 2010: This application under Section 5 of the Limitation Act has been filed by the appellant for condonation of delay of 33 days occurred in filing the Letters Patent Appeal. 2. Learned Advocate Mr. S.B.K.Mangalam appears for the respondents. He has no objection if the delay is condoned. 3. On the facts and in the circumstances of the case, the delay in filing the Letters Patent Appeal is condoned. 4. The Interlocutory Application stands disposed of. Re: Letters Patent Appeal No. 875 of 2010: 5. This Appeal preferred under Clause 10 of the Letters Patent filed by the State of Bihar arises from the order dated 24th February, 2010 passed by the learned Single Judge in C.W.J.C. No. 15628 of 2009*. 6. The elected Mukhiya of Gram Panchayat Raj, Amarpur under Suryagarha Block in the District of Lakhisarai is removed by the State Government under its order dated 27.10.2009 made in exercise of power conferred under Section 18(5) of the Bihar Panchayat Raj Act, 2006 . Learned Single Judge has set aside the order as the condition mentioned in Section 18(5) of the Act were, in the opinion of the learned Single Judge, not satisfied. 7. We are in agreement with the learned Single Judge. Besides, under Section 18(5) of the Act, the State Government derives its power to remove elected Mukhiya of a Gram Panchayat on the opinion formed by the Commissioner having jurisdiction over the Gram Panchayat. In the present case the State Government acted on its own opinion. 8. No case for interference is made out. 9. The Appeal is dismissed in limine.