IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10178 of 2005 Chandranand Yadav, son of Late Gultu Yadav, resident of village – Maranga, P.S. – K. Hat, District – Purnea ……………… Petitioner Versus 1. The State Of Bihar 2. The Collector, Purnea 3. The Assistant Settlement of Survey Officer, Sadar Purnea 4. Jaldhar Prasad Yadav, son of Late Gultu Yadav 5. Mossmat Sarojni Devi, w/o Late Chotelal Yadav 6. Dharmendra Prasad Yadav 7. Upendra Prasad Yadav 8. Kuldeo Prasad Yadav 6, 7 and 8 are sons of Late Chotelal Yadav, all 4,5, 6, 7 and 8 are resident of village – Maranga, P.S. – K. Hat, District – Purnea ……………… Respondents ---------------------------------- 02. 09.11.2011 Heard Mr. Jagdish Prasad Bhagat for the petitioner and learned counsel for the State. The grievance of the petitioner in the present writ petition is that his petition before the Collector, Purnea in Case No. 41 of 1995 filed on 06.09.2003, for restoring the said case, which stood dismissed due to non-appearance on the case being called out on 08.08.2003, has not yet been disposed off. Learned counsel submits that this Court by order dated 19.09.1995 in C.W.J.C. No. 10049 of 1993 had directed the authority to dispose off the Case No. 41 of 1995 within one month, but in view of the above-mentioned development, the same has not yet been disposed off on merit as per the direction of this Court. Learned counsel further submits that the authority concerned has not decided the restoration petition which has caused prejudice to the genuine and bonafide interest of the petitioner, which he has in law. 2 This Court is inclined to accept the submissions made by learned counsel for the petitioner. The authority concerned is obliged to pass an appropriate order on the restoration petition filed by the petitioner. From the facts, it appears that the restoration petition was filed within one month and thus the petitioner had made out a good case for restoring the original case and hearing the same on merits. The writ petition is disposed off with a direction to the Collector, Purnea to pass appropriate orders on the application filed for restoration by the petitioner on 06.09.2003 in Case No. 41 of 1995. He shall do the same in accordance with law within one month from the date of production / receipt of a copy of this Order upon him, keeping in mind the desirability of hearing the case on merits in view of the earlier order of this Court. SKM (Ahsanuddin Amanullah, J.)