IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.607 of 2011 RAM PRAVESH SINGH Versus THE STATE OF BIHAR & ORS ----------- 2 13-04-2011 There is delay of about six months in preferring this Letters Patent Appeal against the order dated 7-5-2010 whereby CWJC no. 7575/2010 was disposed of and the matter was remanded by the writ court to the Collector, Patna after setting aside the appellate order and revisional order passed in a preemption case. Learned counsel for the appellant submits that the orders which were set aside had been passed on merits allowing the preemption claim of this appellant but the writ court set aside the appellate order and revisional order without giving opportunity of hearing to the appellant. It is said that on that account delay has taken place because appeal could be filed only after knowing the order of the writ court which was passed behind the back of appellant. It would not be proper to exercise appellate jurisdiction when the order of the writ court is alleged to 2 be ex parte without affording opportunity of hearing to the appellant. Unless the merits of the case is discussed in the order of writ court after hearing both the parties, exercise of appellate jurisdiction does not appear to be in the interest of justice. Hence, this Letters Patent Appeal along with I.A. filed u/s 5 of the limitation Act is disposed of with an observation that if appellant prefers a review petition or a separate writ petition seeking review of the order dated 7-5-2010 within a period of four weeks then the same should be considered on its own merit without being prejudiced by this order. BKS/- (Shiva Kirti Singh, J.) (Akhilesh Chandra, J.)