IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8740 of 2009 1. Arun Choudhary, son of Late Janardan Choudhary, 2. Binod Choudhary, son of Late Jagdish Choudhary, 3. Rajendra Prasad Saha, son of Late Bhup Narain Saha, all of Hasanpur Raniganj, PS Raniganj, district Araria – Petitioners. vs. 1. The State of Bihar, 2. The Commissioner, Purnea Division, Purnea. 3. The Additional Collector, Araria. 4. The Deputy Collector Land Reforms, Araria. 5. Shri Surendra Mandal, son of Late Bhola Mandal, village Hasanpur Raniganj, PS Raniganj, district Araria – Respondents. 2 28.7.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioners have challenged the order, dated 24.12.2008 passed by the Commissioner, Purnea Division by which he has dismissed the case filed by the petitioner against the order, dated 4.6.2006 passed by the Collector, on the ground that the parties were taking time on each date fixed in the case. Learned counsel for the petitioners submits that both the parties had prayed for time on 24.12.2008 as talks of amicable settlement between them had failed. It is submitted that it is true that on various dates the petitioners and the respondents had prayed for time because there was an attempt by the parties to settle the matter outside the court. This court usually grants time to the parties to settle the matter between them out side the court as that is the best course in an adverse litigation. The fact is that the parties unfortunately could not settle the dispute between them and thereafter prayed for some time so that they could get ready and appear in the case which is not an 2 unusual practice. The Commissioner, therefore, ought to have granted time and allowed them to address him on merits of the case or disposed of the case on merit. I am not issuing notice to respondent no.5 in this case as it would be apparent from the order sheet that both the parties had jointly made a prayer for time and it was only on this ground that the order impugned was passed. I, therefore, remand the matter to the Commissioner, Purnea Division to hear the case on merit after issuing notice to the parties. I may clarify here that the Commissioner would be at liberty to insist that the parties should appear and pursue their case. If the petitioners ask for unnecessary time on frivolous grounds, the Commissioner would be at liberty to reject their application and pass order on merit of the case. This writ petition is disposed of with the aforesaid directions. haque (Sheema Ali Khan, J.)