IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10440 of 2009 SHEO NARAIN YADAV & ORS Versus THE STATE OF BIHAR & ORS 2 24.8.2009 KHAN The petitioners have moved this court against the order dated 8.8.2008 passed by the Collector, Purnia in Misc.Ceiling Case No.31 of 1996 which has been dismissed for default. It appears that the petitioners had earlier come to this court twice; once in C.W.J.C.No.35 of 1994 and then in C.W.J.C.No.1185 of 1995 which was disposed of by order dated 17.5.1996 by remitting back the matter to the Collector, Purnia to dispose of the proceeding under section 45(B) of the Act as the same was filed in the year 1994 prior to coming into force of Ordinance No.20 of 1995, whereby this power has subsequently vested in the State Government. It appears that the petitioner appeared on some occasions and on some occasions he did not appear. The petitioner submits that last chance may be provided to him and he undertakes before this court that he would regularly appear in the aforesaid ceiling case. In view of the aforesaid undertaking the order dated 8.8.2008 dismissing the Ceiling Case No.31 of 1996 is set aside and the Ceiling case is restored to its original file. As the Ceiling case is of the year 1996, the same be disposed of preferably within three months from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this application stands allowed. (S.P.Singh,J) - 2 -