IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9668 of 2006 GUPTESHWAR PRASAD Versus THE STATE OF BIHAR & ORS ----------- 2 04.07.2008 In the normal course of things there was no occasion for this court to grant any indulgence to the petitioner when the Collector in his order dated 20.07.2004 has categorically recorded that the petitioner has been absenting from the proceeding in question which was Case No. 9 of 2002. But it is also a fact that the writ application filed by the petitioner in the year 2006 is only being taken up now for adjudication. Keeping the above in mind, in the interest of justice and to give an opportunity to the petitioner, the impugned order dated 20.07.2004, passed by the Collector is hereby set aside with a direction to the Collector to issue fresh notice to the petitioner to appear before him, make his submission if so adviced and the collector thereafter shall pass a fresh order in the matter. The writ is allowed to the extent indicated above. Mkr. (Ajay Kumar Tripathi, J.)