IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7077 of 2010 1. AKHILESH KUMAR @ AKHILESH PRASAD S/O LATE DEOKI NANDAN PRASAD R/O VILLAGE + P.O.- BELAO, P.S.- BARBIGHA, DISTT.- SHEIKHPURA 2. SUBHASH DEVI WIDOW OF LATE DEOKI NANDAN PRASAD R/O VILLAGE + P.O.- BELAO, P.S.- BARBIGHA, DISTT.- SHEIKHPURA 3. KRISHNA DEVI W/O KAPILDEO PRASAD R/O VILLAGE + P.O.- BELAO, P.S.- BARBIGHA, DISTT.- SHEIKHPURA 4. RAM PRAVESH PRASAD SINGH S/O RADHEY MOHAN PRASAD R/O VILLAGE + P.O.- BELAO, P.S.- BARBIGHA, DISTT.- SHEIKHPURA Versus 1. THE STATE OF BIHAR 2. THE BOARD OF REVENUE, BIHAR, PATNA 3. THE DIVISIONAL COMMISSIONER, MUNGER 4. THE COLLECTOR, SHEIKHPURA COLLECTORATE, SHEIKHPURA 5. THE D.C.L.R., SHEIKHPURA COLLECTORATE SHEIKHPURA 6. RAJIV RANJAN S/O LATE SHYAM SUNDER PRASAD R/O VILLAGE AND P.O.- BELAO, P.S.- BARBIGAHA, DISTT.- SHEIKHPURA 7. PRABHASH RANJAN S/O LATE SHYAM SUNDER PRASAD R/O VILLAGE AND P.O.- BELAO, P.S.- BARBIGAHA, DISTT.- SHEIKHPURA ----------- 02. 30.04.2010 Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the order dated 9.12.2006 passed by the Collector, Sheikhpura in Mutation Revision Case No.09 of 2005, Annexure-2, whereunder the said revision case was dismissed on the ground of non-prosecution on behalf of the petitioners who were the applicant in the said revision case. 3. It is submitted on behalf of the petitioners that there was default in appearance before the learned Collector on a single day when revision application was dismissed for default in presence of the father of private respondent nos. 6 and 7 who died subsequently. As the revision application filed by the petitioner has been dismissed for default and the matter has not been considered on merits, I am of the view that petitioner should deposit a cost of Rs.1000/- in the court of Collector, Sheikhpura, whereafter the Collector should issue notice to - 2 - private respondent nos.6 and 7 and after their appearance ensure payment of Rs.1000/- to them and thereafter hear Revision Case No.09 of 2005 on merits after fixing a date for its disposal. It is made clear that petitioners shall not make any unreasonable prayer for adjournment of the matter and in any case revision application be disposed of as early as possible, in any case within three months from the date of receipt of this order before the Collector or appearance of private respondent nos.6 and 7, which ever is later. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)