IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3051 of 2009 MADAN MOHAN TIWARY, SON OF LATE RAM SIGAR TIWARY, RESIDENT OF VILLAGE – BELA, P.S. DARIYAPUR, DISTIRCT – SARAN AT CHAPRA. …… PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, SARAN AT CHAPRA, DISTRICT – SARAN AT CHAPRA. 3. THE ADDITIONAL COLLECTOR, SARAN AT CHAPRA, DISTRICT – SARAN AT CHAPRA. …… RESPONDENTS. ------------- 2. 16.3.2009 Petitioner wants quashing of the order dated 22.12.2008, which has been passed by the Additional Collector, Saran at Chapra (Annexure -2). The statutory appeal of the petitioner, which is Rent Fixation Appeal No. 02 of 2008, has been rejected by the order stating that the appeal is time barred. Learned counsel appearing for the petitioner submits that no doubt when the petitioner initially filed Rent Fixation Case No. 2 of 2006-07 the matter was heard and the order was reserved on 11.6.2008, but after many a months the petitioner did not get any copy of the order dated 11.6.2008. He has categorically stated that in so far as his knowledge and enquiry no order dated 11.6.2008 came to be passed against which the appeal has been filed. He further submits that when he obtained certified copy he filed the - 2 - present appeal in question and also filed a petition for condonation of delay, but without taking the grounds for such condonation by taking a hyper technical view respondent no. 3 has rejected the appeal. After having heard the learned counsel for the petitioner and the learned counsel for the State, the writ application stands allowed. The impugned order dated 22.12.2008 stands quashed and the matter stands remitted back to the appellate authority to decide the appeal of the petitioner on the merits of the said appeal after considering the question of limitation and the grounds urged therein as such. DKS/ (Ajay Kumar Tripathi, J.)