IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13396 of 2001 MD.WAJID ALI & ORS Versus THE STATE OF BIHAR & ORS ----------- 6. 19.09.2008. Heard learned counsel for the petitioners and the counsel for private respondents. 2. Petitioners are the purchasers. They have failed in the pre- emption action taken against them by the pre-emptor, private respondent nos. 5 to 7 before the Deputy Collector, Land Reforms, Araria as also the appellate court and their revision application was dismissed by the Member, Board of Revenue on the ground that it was barred by limitation and the medical certificate dated 3.5.1997 in support of the plea of illness for condonation of delay was not filed along with the revision application, which was filed on 5.5.1997. Failure to file the medical certificate along with the revision application does not mean that the plea of illness taken to condone the delay is false. In the circumstances, I set aside the order dated 22.7.1997, Annexure-5 and direct the petitioners as also the private respondents to appear before the Board of Revenue along with a certified copy of this order whereafter the Board should consider the plea of illness and condone the delay in filing the revision application and proceed to hear the revision application on merits and pass appropriate orders in accordance with law. 3. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha,J.) - 2 -