IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.897 of 2010 SURESH SINGH S/O LATE ANTU SINGH R/O MOH- GOPALGANJ ROAD, MANPUR, P.S- BUNIYADGANJ, DISTT- GAYA VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, GAYA 3. THE COMMISSIONER, MAGADH RANGE, GAYA 4. THE ADDITIONAL DISTRICT MAGISTRATE, GAYA 5. THE CIRCLE OFFICER, MANPUR, GAYA ----------- 02 16.03.2010 The petitioner, being aggrieved by the order dated 24.11.2005 passed by the Survey Superintendent-cum-Additional District Magistrate, Gaya and the order dated 01.11.2007, passed by the Commissioner, Gaya in Survey Appeal no. 31/2005, had filed C.W.J.C. No.3927 of 2008 challenging the order dt. 01.11.2007 of the Commissioner, Gaya. The aforesaid writ petition was disposed by this Court vide order dated 06.04.2009 whereby the impugned order dated 01.11.2007 passed by the Commissioner had been quashed on the ground that the appeal preferred by the petitioner had not been decided on merit but on technical ground of maintainability. This Court further observed that as the petitioner had appellate remedy before the Collector-cum-District Magistrate, Gaya, he should have filed an appeal before that authority and, if such an appeal is filed within one month from that date, the same should be heard and decided on merits. Petitioner did file an appeal before the District Magistrate, Gaya, but the appeal was filed 17 days after expiry of one month. On this ground alone, the Collector had refused to entertain the appeal. It is against this, the petitioner has come to - 2 - this Court. Having heard the parties, in my view, the Collector has taken too technical a view of the matter instead of settling the matter on merits once and for all. The petitioner is made to run from one authority to another. I, thus, set aside the impugned order dated 11.12.2009 passed by the Collector, Gaya and direct the Collector to entertain the appeal that had already been filed before him, which would now be deemed to be pending. The decision would be taken on merits and, preferably, the proceedings should be concluded within three months from the date of production of this order. The writ petition is disposed of. Trivedi (Navaniti Prasad Singh, J.)