IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4433 of 2008 Baban Rai, Son of Late Indradeo Rai, Resident of Village Khaira Bhutaha, P.O. Natwar, P.S. Sanjhauli, District Rohtas Versus 1. The State Of Bihar 2. The District Magistrate, Rohtas at Sasaram 3. The Anchaladhikari, Bikramganj, District Rohtas 4. Mahendru Nat, son of Late Krishna Nat 5. Ashok Nat, son of Late Krishna Nat 6. Pradeep Kumar Nat, son of Late Krishna Nat 7. Mithilesh Nat, son of Late Krishna Nat, All are resident of village Khaira Bhutaha, P.O. Natwar, P.S. Sanjhauli, District Rohtas ----------- 05/ 22.03.2010 Heard learned counsel for the petitioner, the State and the private Respondents. It appears, petitioner has filed Basgeet Parcha Case No. 49 of 2001 before the Collector, Rohtas at Sasaram, which was dismissed for default under orders dated 26.11.2004, whereafter application was filed for recalling the order dated 26.11.2004, which has been dismissed under orders dated 27.7.2007 and by filing the writ application, petitioner has challenged the aforesaid two orders dated 26.11.2004 and 27.7.2007 passed in the aforesaid case. It is submitted on behalf of the petitioner that the case was dismissed for default under orders dated 26.11.2004 as the Lawyer who was entrusted to prosecute the case failed to appear before the Collector, Rohtas, result being that the case was dismissed for default. It is further submitted that for the failure of the Lawyer, client should not be allowed to suffer. I see substance in the aforesaid submission made on behalf of the petitioner. Accordingly, orders dated 26.11.2004 2 and 27.7.2007, passed in Basgeet Parcha Case No. 49 of 2001 are set aside on the undertaking of the petitioner that he shall pay the private Respondents 4 to 7 Rs. 250/- (Rs. Two hundred fifty only) each in presence of the Collector, Rohtas at Sasaram on 12.4.2010, whereafter the Collector shall fix a date for hearing of the case and proceed to dispose of the matter as early as possible, in any case within three months from 12.4.2010. The writ application is, accordingly, disposed of. Let this order be communicated to the Collector, Rohtas at Sasaram through fax on payment of usual charges by the petitioner. Arjun/ ( V.N. Sinha, J.)