IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3015 of 2010 RAJ KISHORE KUMAR RAI, SON OF LATE AYODHYA RAI, AT AND P.O. GONAULI, P.S. MUFASSIL, DIST. WEST CHAMPARAN. Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, OLD SECRETARIAT, BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, WEST CHAMPARAN, BETTIAH. 3. THE DEPUTY COLLECTOR, DISTT. WEST CHAMPARAN, BETTIAH. ----------- 02. 22.02.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner land holder is aggrieved by the order dated 24.11.2008, Annexure-3 passed by the Collector, West Champaran dismissing the Revenue Appeal case No.22 of 1996-97 for default. He is also aggrieved by the order dated 5.1.2009, Annexure-3, whereunder learned Collector has refused to recall the order dated 24.11.2008 dismissing the aforesaid revenue appeal case for default. 3. Counsel for the petitioner states that petitioner is the son of Ayodhya Rai, who had filed the aforesaid revenue appeal case and after the death of his father the original appellant, mother of the petitioner was substituted, who also died in 2008, but on account of the laches of the lawyer the petitioner could not be substituted after the death of his mother and the matter could not be prosecuted. Counsel for the petitioner further states that one last indulgence be granted and the impugned orders dated 24.11.2008 and 5.1.2009, Annexure-3 be set aside and the matter be heard on merits. 4. Having heard counsel for the parties, I am also of the view that the matter should be disposed of after considering the merits of the case and accordingly, on payment of cost of Rs.500/-, which - 2 - should be deposited by the petitioner in the office of the Patna High Court legal services committee within one week from today, I set aside the orders dated 24.11.2008 and 5.1.2009, Annexure-3 and direct the petitioner to appear before the Collector, West Champaran on 8.3.2010 when the Collector shall fix a date for hearing of Revenue Appeal Case No.22 of 1996-97 and pass appropriate order in accordance with law on the date fixed but before proceeding to hear the matter, the Collector will ensure that the amount of Rs.500/- has been deposited in the Patna High Court legal services Committee. 5. This writ application is accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)