IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11390 of 2009 MAHESHWARI DEVI WIFE OF LATE RAM YASH RAM, RESIDENT OF VILLAGE-BHADWAR, P.O.-BHADWAR, P.S.- CHANDI (KOILWAR) DISTRICT-BHOJPUR. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER AND SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, BUXAR. 3. THE ADDITIONAL COLLECTOR, BUXAR. 4. THE DEPUTY COLLECTOR, LAND REFORMS DEPARTMENT, DUMRAON, DISTRICT – BUXAR. 5. THE BLOCK DEVELOPMENT OFFICER, RAJPUR, DISTRICT – BUXAR. 6. SUB-DIVISIONAL OFFICER, BUXAR. 7. THE TREASURY OFFICER, BUXAR. ... ... RESPONDENTS ----------- For the Petitioner : M/S Ajay Kumar,Adv. Sadanand Paswan,Adv. For the State : M/S A. Amanullah, S.C.17 M.A. Pathak, A/C to S.C.17. ----------- 3. 7.9.2009. Learned counsel for the petitioner states that the husband of the petitioner Ram yash Ram was the Land Rent Collector (Rajasva Karamchari) serving in the Rajpur Block in the district of Buxar and was removed from service under order of the District Magistrate, Buxar bearing Memo No.890 dated 29th October,2001 which order was challenged by her husband vide C.W.J.C. ;No.12559 of 2002, which was dismissed for default and steps to restore the same also once allowed but again the matter was dismissed on account - 2 - N.H./ of death of her husband and the correctness and legality of the removal order dated 29th October,2001 has not been considered by this Court on merits ever. As the correctness and legality of the removal order dated 29th October,2001 has not been considered by this Court, I permit the petitioner to withdraw this application with liberty to assail the same before the Commissioner of the division, who should consider the challenge to the removal order in accordance with law as early as possible in any case within three months from the date of receipt of the memo of appeal. In this connection, it is indicated that the learned Divisional Commissioner shall be obliged to condone the delay in filing the appeal. ( V.N. Sinha,J.)