IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10905 of 2005 THAKUR RAM JANKI AND LAKSHMAN JEE MAHARAJ Versus THE STATE OF BIHAR & ORS ----------- 4. 11.8.2008. During the pendency of this writ application, Shri Ramchandra Prasad Mahto through whom this application was filed, left for his heavenly abode on 8.12.2005 whereafter I.A. No. 50011 of 2006 has been filed on 16.11.2006 praying inter alia to substitute Anjani kumar Singh @ Anjani Kumar Mahto in place of Shri Ramchandra Prasad Mahto. Let the name of Shri Ramchandra Prasad Mahto be expunged from the array of parties of the instant case and in his place Anjani Kumar Singh @ Anjani Kumar Mahto be substituted. 2. I. A. No. 50011 of 2006 is, accordingly allowed. 3. Petitioner is aggrieved by the order dated 7.4.2005 passed by the Divisional Commissioner, Munger Division, Annexure-1 whereunder he dismissed the Lakhisarai Land Ceiling Case No. 1 of 2000-2001 for default. He is also aggrieved by the order dated 15.7.2005, Annexure-3 whereunder Divisional Commissioner, Munger refused to restore the Land Ceiling Restoration Case No. 1 of 2005. 4. From perusal of the two orders dated 7.4.2005 and 15.7.2005, Annexures-1 and 3 it is evident that the learned Divisional Commissioner, Munger has not considered the case of the land holder on merits and has dismissed the ceiling proceeding on account of his failure to appear on few dates. As the case has not been considered on merits, I deem it expedient to set aside both the orders dated 7.4.2005 - 2 - and 15.7.2005 with direction to the petitioner to appear before the Divisional Commissioner, Munger on 25.8.2008 whereafter the learned Divisional Commissioner may fix an appropriate date for hearing of the ceiling case and after hearing the petitioner and all other concerned parties pass appropriate orders on merits of the case. It is made clear that if the petitioner or any other person interested in the lands in question, defaults hereafter in appearing before the learned Commissioner on 25th August, 2008 then the Divisional Commissioner shall be at liberty to dismiss the ceiling case for default once again. While deciding the land ceiling case, the learned Commissioner shall also consider the prayer of petitioner of I.A. No. 5134 of 2006 Omkar Prasad Mahto @ Omkar Kumar Singh son of Late Ram Chandra Prasad Mahto @ Shree Prasad Mahto for substitution as a land holder in the proceeding in accordance with law. The learned Commissioner shall not grant unnecessary adjournments to the parties while deciding the land ceiling case. 5. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha,J.)