IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1226 of 2009 1. SHEOJATI TIWARY son of late Badri Nath Tiwary 2. Binod Tiwary son of Sheojati Tiwary, Both residents of village Kathij, Police Station Mohaniya, District Kaimur. ……………..Appellellants/ Respondents. Versus 1. THE STATE OF BIHAR through the Collector Kaimur (Bhabhua). 2. The District Collector, Kaimur, Bhabua. 3. The Deputy Director Land Reforms Mohaniya, Kaimur. 4. Anchal Adhikari, Mohaniya, Kaimur. …………………..Respondents Ist Set/Respondents. 5. Sentu Bandh Pandey son of Sri Bhism Dutt Pandey, resident of Village Jahardan Bhar Police Station Durgawati, District Kaimur. ………………….Respondent 2nd set/petitioner. ----------- 6 07.03.2011 The present L.P.A. arises out of an order dated 6th May, 2009 passed by the learned Single Judge in C.W.J.C. No.1692 of 2005. The main grievance of the appellants in the present appeal is that they have not been heard while doing disposal of the case. On a perusal of the order passed in the above writ application it appears that counsel for the appellants, who were respondent nos. 5 and 6 in the writ application, have not been heard while disposing of the writ application. In that view of the matter, we are of the opinion that respondent nos. 5 and 6, appellants herein, should also be heard before disposal of the writ application. Accordingly, the order of the learned Single Judge is set aside on that ground alone and the matter is remitted back to the learned Single Judge for hearing the matter afresh on merits after giving an opportunity of hearing to the appellants. 2 The appellants must file their counter affidavit within a period of three weeks from today, and the matter be listed on 1st April, 2011 for hearing. With the above observation the order of the learned Single Judge is set aside and this appeal is allowed. Abhay Kumar ( T. Meena Kumari, J.) (Shyam Kishore Sharma, J.)