IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17025 of 2009 1. RAMCHARITAR PASWAN S/O LATE LUCHAI PASWAN R/O VILL- KOSKAPURA, P.S- NARPATGANJ, DISTT- ARARIA 2. GUGULI PASWAN, S/O LATE MAHARAJ PASWAN R/O VILL- KOSKAPURA, P.S- NARPATGANJ, DISTT- ARARIA 3. LAKHICHAND PASWAN S/O LATE RAJENDRA PASWAN R/O VILL- KOSKAPURA, P.S- NARPATGANJ, DISTT- ARARIA 4. BISHUNDEO PASWAN S/O LATE BHIKARI PASWAN R/O VILL- KOSKAPURA, P.S- NARPATGANJ, DISTT- ARARIA 5. PRITHVI CHANDRA RISHIDEO @ DAS S/O BUDHU DAS R/O VILL- KOSKAPURA, P.S- NARPATGANJ, DISTT- ARARIA 6. AGHANIYA DEBI D/O LATE SITARAM RISHIDEO R/O VILL- MADHURA, P.S- NARPATGANJ, DISTT- ARARIA 7. TETAR RISHIDEO S/O LATE MISHAR RISHIDEO R/O VILL-KOSKAPURA, P.S- NARPATGANJ, DISTT- ARARIA, 8. DEBI LAL RIHIDEO S/O BHOLA RISHIDEO R/O VILL-KOSKAPURA, P.S- NARPATGANJ, DISTT- ARARIA, 9. SATTAN RISHIDEO S/O MOHRANGI RISHIDEO R/O VILL-KOSKAPURA, P.S- NARPATGANJ, DISTT- ARARIA, 10. SHEOLAL RISHIDEO S/O LATE CHANDU RISHIDEO R/O VILL- KOSKAPURA, P.S- NARPATGANJ, DISTT- ARARIA 11. AGAHANU PASWAN S/O LATE MUNILAL PASWAN R/O VILL- MADHURA, P.S- NARPATGANJ, DISTT- ARARIA 12. RAMDEO RISHIDEO S/O MAYALAL RISHIDEO R/O VILL- MADHURA, P.S- NARPATGANJ, DISTT- ARARIA 13. PARMANAND RISHIDEO S/O MAYALAL RISHIDEO R/O VILL- KOSKAPURA, P.S- NARPATGANJ, DISTT- ARARIA Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER, PURNEA DIVISION, PURNEA 3. THE COLLECTOR, ARARIA 4. THE ADDITIONAL COLLECTOR ARARIA 5. THE D.C.L.R. FORBESGANJ, DISTT- ARARIA 6. THE CIRCLE OFFICER, NARPATGANJ, DISTT- ARARIA 7. HULAL YADAV, S/O LATE LALJEE YADAV, R/O VILL KHAIRAGARIHA, P.S- NARPATGANJ, DISTT-ARARIA 8. RAMANAND YADAV, S/O HULAL YADAV R/O VILL- KHAIRAGARIHYA, P.S- NARPATGANJ, DISTT- ARARIA 9. SARASWATI DEVI W/O UDAY CHANDRA BHAGAT R/O VILL- FORBESGANJ, P.S- FORBESGANJ, DISTT- ARARIA ----------- 2. 7.12.2009. Petitioners are the parcha holders. They are aggrieved by the order dated 28.1.2009 passed by the Commissioner, Purnea Division in Ceiling Case No.20/03 where under - 2 - their appeal has been dismissed for failure to comply the order dated 26.11.2008. It is submitted on behalf of the petitioners that without considering the merit of the case, the appeal has been dismissed on technical ground for failure to comply the order dated 26.11.2008. It is further submitted on behalf of the petitioners that in the interest of justice as also considering the fact that petitioners are landless persons the appeal ought not to have been dismissed on technical ground and for failure to comply the order dated 26.11.2008, cost should have been imposed on them. Having heard counsel for the petitioners and the State, I direct the petitioners to deposit Rs.200/- each as cost in the court of the Commissioner, Purnea Division on or before 4th January,2010 as also to comply the order dated 26.11.2008 by that date and thereafter the learned Commissioner, Purnea Division should recall the order dated 28.1.2009 and issue notice to the respondents in appeal and after their - 3 - N.H./ appearance in the appeal and on payment of the cost of Rs.2600/- to them, the matter be considered and disposed of in accordance with law as early as possible in any case within one month from the date of appearance of the respondents. It is submitted on behalf of the petitioners that they shall not pray for any adjournment in the appeal. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)