IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1066 of 2009 AHILYA KUMARI, DAUGHTER OF LATE AWADHI RAI AND LATE SAKHIYA DEVI, RESIDENT OF VILLAGE MADUDABAD, P.O. AND P.S. MOHIUDDIN NAGAR, DISTRICT SAMASTIPUR. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, SAMASTIPUR. 3. THE DEPUTY COLLECTOR, SAMASTIPUR. 4. THE SUB-DIVISIONAL OFFICER, PATORY, DISTRICT SAMASTIPUR. 5. THE CIRCEL OFFICER, MOHIUDDIN NAGAR, DISTRICT SAMASTIPUR. ----------- 03. 09.03.2010 Heard learned counsel for the petitioner and the State who having taken instruction has filed counter affidavit, which is taken on record. 2. Petitioner is aggrieved by the order dated 12.3.2008 passed in Encroachment Appeal Case No.133 of 1997, Annexure-5 whereunder proceedings in the said appeal was closed for failure of the petitioner to prosecute the same. 3. Counsel for the State with reference to the ordersheet maintained in the appeal submitted that petitioner filed the aforesaid appeal in compliance of the orders of this Court dated 16.1.1997 passed in C.W.J.C. No.12359 of 1996, Annexure-2 but having filed the appeal she failed to prosecute the same and the Collector, Samastipur having noticed lack of interest on the part of the petitioner/appellant under the impugned order, Annexure-5 closed the proceedings in the appeal. 4. Learned counsel for the petitioner in rejoinder, however, submitted that the proceedings in the appeal could not be taken as the lawyer entrusted to prosecute the appeal was not prosecuting the appeal with due diligence, for failure of the lawyer to prosecute the - 2 - appeal the interest of the petitioner should not be allowed to suffer. 5. Having heard counsel for the petitioner and the State, I set aside the order dated 12.3.2008, Annexure-5 and direct the petitioner to appear before the Collector, Samastipur on 5.4.2010 and file documents over which she is placing reliance in support of her appeal, whereafter the Collector should proceed with the hearing of the appeal on 5.4.2010 itself or fix another date for hearing the appeal and dispose of the appeal within a reasonable time not exceeding three months from 5.4.2010. It is made clear that in the event, petitioner or her lawyer defaults to appear and prosecute the appeal, it shall be open for the Collector, Samastipur to proceed ex parte. Until final order is passed in the appeal, no coercive steps be taken against the petitioner. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)