IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.872 of 2010 1. THE STATE OF BIHAR, THROUGH ITS CHIEF SECRETARY, OLD SECRETARIAT BUILDING , GOVT. OF BIHAR, PATNA 2. THE COMMISSIONER – CUM – SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA 3. THE DEPUTY SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA ……… RESPONDENTS/APPELLANTS Versus 1. NATHUNI PRASAD SINGH,S/O LATE BHUKHO SINGH, …….. RESPONDENT 1ST SET, R/O VILLAGE- PANDAGACHHIA,P.O BIHARA, DISTT. - SAHARSA 2. THE MEMBER, BOARD OF REVENUE - CUM – CHAIRMAN, DEPARTMENTAL PROMOTION COMMITTEE , OLD SECRETARIAT , PATNA …. ………………………………… (RESPONDENT 2ND SET). ----------- 3. 21.04.2010. This is an application for restoration of LPA No. 1044 of 2008 which was dismissed for non-compliance of the peremptory order dated 06.01.2009. Mr. Raj Nandan Prasad, learned counsel for the petitioners, submitted that the appeal was dismissed as no notices were sent to the respondent no. 2. Respondent no. 2 is the Member, Board of Revenue. Regard being had to the fact that a tribunal should not have been noticed we are inclined to direct restoration 2 of the aforesaid LPA No. 1044 of 2008 to its original file. The MJC is accordingly allowed. Dilip ( Dipak Misra, C.J. ) ( Dr. Ravi Ranjan, J. )