IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14505 of 2009 SONE LAL RAI, Son of Mahendra Rai, Resident of Village- Katahara, tola Mahua Tikar, Police Station- Dhoraiya, District- Banka :---- Petitioner. Versus 1. THE STATE OF BIHAR 2. Deputy Collector Land Reforms, Banka, District- Banka. 3. Subhash Choudhary, Son of Late Satya Narayan Choudhary. 4. Gultu Choudhary, son of Late Tek Narayan Choudhary. 5. Ramesh Choudhary, Son of Late Sant Lal Choudhary. 6. Dinesh Choudhary, Son of Late Sant Lal Choudhary. 7. Navin Choudhary, Son of Dinesh Choudhary. 8. Amrendra Choudhary, son of Dinesh Choudhary. All residents of Saidpur, P.O. and P.S.- Gopalpur, District- Bhagalpur :-- Respondents. ----------- 3. 06.11.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 26.11.2007 passed by the Deputy Collector Land Reforms, Banka in Case No. 6/2004-05, Annexure-3, whereunder the Deputy Collector Land Reforms, Banka has refused to recall the order dated 28.12.2005 (Annexure-2) passed in the said case whereunder the said case was dismissed for default. It is submitted on behalf of the petitioner that on account of unavoidable circumstances the petitioner could not be represented on three dates and for such failure the case has been dismissed and thereby the cause of the share cropper has suffered, this Court should take a lenient view in the matter and direct on payment of cost of Rs. 500/- by the petitioner to the opposite party Subhash - 2 - Choudhary, restoration of Case No. 6/2004-05 to its original file after recall of the order dated 28.12.2005 and 26.11.2007 (Annexures- 2 and 3). 3. Having heard counsel for the petitioner and the State I direct the petitioner to file a petition for recall of the order dated 28.12.2005 and 26.11.2007 passed in Case No.6/2004-05 (Annexures- 2 and 3) before the Deputy Collector Land Reforms, Banka who on payment of cost of Rs. 500/- by the petitioner to the opposite party Subhash Choudhary should direct for recall of the aforesaid two orders provided the petitioner undertakes that hereafter he shall not commit any further default in the matter. Necessary order in this regard be passed by the Deputy Collector Land Reforms, Banka as early as possible in any case within two months after receipt of the petition annexing a copy of this order. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)