IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8878 of 2009 MD.YUNUS ANSARI, S/O LATE LAL MOHAMMAD ANSARI, R/O VILLAGE MANWARA, P.O. IIYAS NAGAR, P.S. KHANPUR, DISTRICT SAMASTIPUR …… PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, OLD SECRETARIAT, PATNA 2. THE DIVISIONAL COMMISSIONER, TIRHUT DIVISION, MUZAFFARPUR, DISTRICT MZUAFFARPUR 3. THE COLLECTOR, MUZAFFARPUR, DISTRICT MUZAFFARPUR 4. THE DISTRICT ESTABLISHMENT DEPUTY COLLECTOR, MUZAFFARPUR, DISTRICT MUZAFFARPUR 5. THE SUB-DIVISIONAL OFFICER, MUZAFFARPUR (WEST), DISTRICT MUZAFFARPUR 6. THE CIRCLE OFFICER, PARU CIRCLE, DISTRICT MUZAFFARPUR ….. RESPONDENTS. ----------- 2. 29.7.2009 Heard learned Counsel for the petitioner and the State. 2. The petitioner is aggrieved by the punishment order bearing memo no.659 dated 12.2.2007 passed by the District Magistrate, Muzaffarpur as contained in Annexure-10 to this application whereunder he has maintained the earlier punishment imposed on the petitioner. 3. It appears, against the impugned order petitioner has remedy of appeal before the Divisional Commissioner. This writ application is accordingly disposed of with direction to the petitioner to avail the remedy of appeal before the Divisional Commissioner and to approach this Court if he does not succeed in appeal. 4. Let the petitioner file the appeal within one month from the date of receipt of a copy of this order and if the appeal is filed within one month of the receipt of the copy of this order, 2 the Divisional Commissioner shall be obliged to condone the delay in filing the appeal and thereafter consider the same on merits and pass appropriate orders in accordance with law as early as possible in any case within another one month from the date of receipt of the appeal along with a copy of this order. Narendra/ ( V. N. Sinha, J. )