IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3913 of 2009 RAJA RAM SAH, SON OF LATE MATHURA SAH, RESIDENT OF VILLAGE SAGHAR SULTANPUR, P.S. BHAGWANPUR HAT, DISTRICT SIWAN ----PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR, PATNA. 2. THE ADDITIONAL MEMBER BOARD OF REVENUE, PATNA. 3. THE DISTRICT MAGISTRATE, SIWAN. 4. JALALUDDIN MIAN, SON OF SHEIKH SALAMAT, RESIDENT OF VILLAGE SAGHAR SULTANPUR, P.S. BHAGWANPUR HAT, DISTRICT SIWAN. 5. DINDAYAL RAI, SON OF LATE RAMASHRAY SINGH, RESIDENT OF VILLAGE KHAJURI, P.S. MASRAKH, DISTRICT SIWAN -----RESPONDENTS. ----------- 03. 04.12.2009 Heard learned counsel for the petitioner, State as also counsel for the private respondents. 2. Petitioner is aggrieved by the order dated 11.12.2008 passed by the Additional Member, Board of Revenue, Bihar, Patna in Siwan Revision Case No.187 of 2005, Annexure-1, whereunder the said revision was dismissed for default. He is further aggrieved by the order dated 18.12.2008, Annexure-1/1 whereunder the application to restore the said revision application was also dismissed. 3. It is submitted on behalf of the petitioner that prior to 11.12.2008 the revision application could not proceed as private respondent nos.4 and 5 were not appearing but on 18.12.2008 respondent no.4 appeared and on that very date the revision application was dismissed for default on account of failure to press the application by the 2 petitioner. It is further submitted that there may be latches on the part of the parties but in the interest of justice the matter is required to be considered on merit. 4. Let the petitioner pay cost of Rs.1,000/-(One Thousand) to the counsel for private respondent no.4 on or before 7.12.2009 and produce receipt showing such payment before the Additional Member, Board of Revenue. On production of receipt showing such payment the learned Additional Member, Board of Revenue should recall order dated 11.12.2008 and 18.12.2008, Annexures-1 and 1/1. Petitioner and private respondent nos.4 and 5 are directed to appear before the Additional Member, Board of Revenue on 18.01.2010, who should hear the matter on merit on any date convenient to her and dispose of the same. The parties are directed not to pray for adjournment. 5. This writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)