The present appeal has been filed against the order dated 18.08.2007 passed in C.W.J.C. No. 10725 of 2001.

2. The writ petition was filed by the respondent-institution aggrieved by inaction of the State in refusing to grant recognition with retrospective effect. The matter has been contested before the learned Single Judge and it has been observed by the learned Single Judge in the judgment that the respondent-institution was granted provisional recognition for the Sessions 1990-91 on the condition that the institution has to acquire 2.50 acres of land. Accordingly, the respondent-institution has informed the State Government about acquisition of the land, but however, the matter was kept pending for three years by the State without passing any order. Meanwhile, on 19.09.1991, the Magadh University recommended for grant of affiliation to the said institution for the said course for the five years period, i.e. 1988-89 to 1993-94.

3. Learned counsel appearing on behalf of the State has also submitted that there is no dispute that the institution has been granted provisional recognition for the period 1988-89 to 1993-94 but however it has been contended that the institution wen