IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.664 of 2004 NARAYAN SAH SON OF AYODHYA SAH, RESIDENT OF VILLAGE KORIA, P.S. MUFFASIL BEGUSARAI, DISTRICT- BEGUSARAI………………………………. APPELLANT Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, BEGUSARAI 3. SHAILENDRA SINGH 4. GYAN RANJAN SINGH BOTH SONS OF LATE RAM LAGAN SINGH, R/O VILLAGE- KORIA, P.S. MUFFASIL, DISTRICT- BEGUSARAI….RESPTS. ----------- FOR THE APPELLANT :- M/S V. NATH, ASHOK KUMAR & SANDEEP SINGH, ADVOCATES. FOR THE RESPONDENT:- MR. O.P. AGRAWAL,G.P.3 ------------ 12 25-11-2010 Heard the parties. 2. There is no dispute that the settlement made in favour of the appellant under the Provisions of Bihar Privileged Persons Homestead Tenancy Act, 1947 was challenged by the private respondents before the learned Collector, Begusarai in view of provision under section 21 of the aforesaid Act. It is also not in dispute that Revenue Case no. 98/97 preferred by the private respondents against the appellant was dismissed for default on 5-9-2000 and was thereafter allowed by an order passed on 16-3-2001. The appellant challenged that order of the Collector, Begusarai by preferring writ petition bearing C.W.J.C. No. 10323 of 2001 which has been dismissed by the order under appeal dated 13-5-2004. 2 3. On hearing the parties it is found that after the case no. 98/97 was dismissed for default on 5-9-2000 and restored on conditions by order dated 20th October, 2000, there is no material to show that the fact of restoration was brought to the notice of the appellant or his counsel. The order dated 16-3- 2001 mentions the fact that the case was heard ex-parte. The case of the appellant is that the learned Collector failed to appreciate that the opportunities given to the appellant’s counsel was prior to dismissal and restoration of the case and he erred in passing the ex-parte order without giving notice or opportunity of hearing to the appellant. The learned single Judge by the judgment under appeal has chosen to rely upon the same very order of the Collector which was passed ex parte without notice. 4. In the facts of the case the appeal is allowed. The order of the learned single Judge as well as the impugned order passed by the learned Collector, Begusarai dated 16-3- 2001 are set aside and the matter is remitted back to the learned Collector, Begusarai for giving opportunity of hearing to both the parties and decide the matter afresh on its own merit without being influenced in any manner by any order of 3 this court in the present proceeding or in the writ petition. In order to avoid further delay, the parties are directed to appear before the Collector, Begusarai within one month from today along with a copy of this order and thereafter the Collector shall fix a date of hearing and decide the matter on its own merit as per law. 5. There shall be no order as to costs. ( T. Meena Kumari,J) Naresh ( Shiva Kirti Singh, J.)