IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9334 of 2009 ANISH KUMAR, SON OF LATE JAGDISH PRASAD, RESIDENT OF VILLAGE AND P.O. OEYAB, P.S. ASTHAMA, DISTRICT NALANDA, PRESENTLY POSTED AS REVENIEW KARMCHARI AT CIRCLE OFFICE GIRIYAK DISTRICT NALANDA----PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 2. THE DIVISIONAL COMMISSIONER, PATNA DIVISION, PATNA. 3. THE DISTRICT MAGISTRATE, NALANDA AT BIHARSHARIFF. 4. THE ADDITIONAL COLLECTOR, NALANDA. 5. THE DEPUTY COLLECTOR, LAND REFCORMS, BIHARSHARIFF, CUM CONDUCTING OFFICER. 6. THE CIRCLE OFFICER, BIHARSHARIFF CIRCLE, BIHARSHARIFF---RESPONDENTS. ----------- 02. 07.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 23.5.2009, Annexure-8 passed by the Commissioner, Patna Division whereunder he has dismissed the appeal of the petitioner filed against the punishment order bearing Memo No. 2406 dated 22.10.2008, Annexure-7 on the ground that the appeal preferred by the petitioner was barred by limitation of more than 90 days and petitioner according to the learned Commissioner failed to explain the delay in filing the appeal. The appeal being statutory in nature learned Commissioner ought to have exercised his discretion to condone the delay of more than 90 days. 3. Having heard counsel for the parties, I set aside the order dated 23.5.2009, Annexure-8 and direct the Commissioner, Saran Division to condone the delay in filing the appeal and thereafter to hear the appeal on merits and pass appropriate orders in accordance with law as early as possible, in any case within two months from the date of receipt/production of a copy of this order. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.) - 2 -