IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.413 of 2011 SRIPATI NATH PRASAD, son of late Mathura Prasad, resident of village-Bishnupura, P S – Chapra (Mofussil), District - Saran Versus 1. THE STATE OF BIHAR through the Principal Secretary, Water Resources Department, Secretariat, Patna. 2. The Principal Secretary, Water Resources (Irrigation) Department, Secretariat, Patna. 3. The Director Land Acquisition and Rehabilitation, Water Resources Department (Irrigation), Secretariat, Patna. 4. The District Magistrate, Darbhanga. 5. The Special Land Acquisition Officer, Koshi Project, Darbhanga. ----------- 02. 22.6.2011 Though technically the order of rejection passed by the appellate authority could be correct in the sense that petitioner filed appeal beyond the statutory period of 45 days but the Court looking into the totality of the circumstance would like the appellate authority to reconsider the matter on its own merit so that petitioner gets a forum to place all facts and issues before the appellate authority where the grounding is laid down therein, in case the High Court may have an occasion to apply itself to the issues in future. Annexure-2 dated 26.9.2008 to that extent is quashed. Matter is remanded back to the appellate authority, who will hear the matter afresh and decide the matter on its own merit. It is clarified that in case the file of the earlier appeal of the petitioner is not available, petitioner may file a fresh copy of the appeal along with a copy of this order. Writ is allowed. rkp ( Ajay Kumar Tripathi, J.)