IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3150 of 2009 SHEIKH SHAFIUDDIN AHMAD & ORS Versus THE STATE OF BIHAR & ORS ----------- 4 29/4/2009 Heard counsel for the petitioners and counsel for the respondents. Basically the petitioners are aggrieved by the order passed by the revisional authority, namely, the Collector of Rohtas district, who having noted that the petitioners were not taking appropriate steps for pressing their revision application and were repeatedly asking for time, has dismissed the case by recording that the petitioners had been left with no interest in the matter. Counsel for the petitioners would submit that for a period of five years in which the revision application was pending before the Collector, counsel representing the petitioners had appeared on almost all the dates and mere default of a day or two should not have resulted in dismissing the case on merits and that too going into merits which has virtually sealed the fate of the petitioners as with regard to their claim for the land. Counsel for the petitioners has also produced before this Court a copy of the sale deed in their favour dated 23.5.1977 to submit that vendor of the petitioners who had conveyed the land in question to them had perfect title, inasmuch as, he had obtained it through judgment and decree of the Civil Court in a suit of the year 1945 and therefore the question of possession in the given circumstance would not be deliked from the pronouncement of the 2 Civil Court. These aspects being the essential question of fact and the Collector being the last fact finding authority, this Court would deem it expedient in the interest of justice to set aside the order dated 28.8.2007 and remit the matter back to the Collector to decide the revision application of the petitioners on merits. It is, however, made clear that any further default even of a single day on the part of the petitioners or their counsel before the Collector would be sufficient for the Collector to decide the case without giving any further indulgence to them. The application stands allowed to the aforementioned extent. Abhay Kumar (Mihir Kumar Jha, J.)