IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2986 of 2002 Hira Ram, son of Late Munsi Ram, resident of village- Siyaruan, P.S. Bikramganj, District- Rohtas. .... Petitioner. Versus 1. The State of Bihar. 2. The Director, Consolidation, Bihar, Patna. 3. The Deputy Director, Consolidation, Rohtas, at Sasaram. 4. The Consolidation Officer, Anchal Bikramganj, at Bikramganj, district- Rohtas. 5. Parsu Ram Singh, son of Late Man Rakhan Singh, resident of village- Siyaruan, P.O. Siyaruan, Via Sanjhauli, P.S. Bikramganj, district- Rohtas. ..... Respondents. ----------- 03- 19.12.2008 Heard Mr. N.K. Srivastava for the petitioner, and Mr. Satyadeo Kumar, learned Standing Counsel No.12 for respondent nos.1 to 4. None appears on behalf of respondent no.5 in spite of valid service of notice. This writ petition is directed against the order dated 22.10.2001 (Annexure-5), passed by the learned Director of Consolidation, Bihar, Patna, in Revision Case No.48 of 2000 (Hira Ram Vs. Parsu Ram Singh), in purported exercise of powers under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act 1956. 2. It appears to me on a perusal of the materials on record and consideration of 2 the submissions of learned counsel for the parties that the writ petitioner’s revision application has been rejected on the ground of delay in preferring the same. It is, inter alia, stated therein that the petitioner has not filed a condonation application, nor any oral prayer was made during the course of submissions. The petitioner asserts that he has filed such a condonation application copy whereof is marked Annexure-4 to the writ petition. There is no counter affidavit on record denying this factual position. 3. In that view of the matter, I proceed on the footing that the petitioner had filed a condonation application before the learned revisional authority and the impugned order was passed in over-sight of the same. In that view of the matter, the impugned order dated 22.10.2001 (Annexure-5) is hereby set aside. The delay in filing the revision application is hereby condoned. The learned revisional authority shall dispose of the revision application on merits, after affording personal hearing to the parties, and after assigning reasons. This being an old matter, 12.1.2009 is fixed as the first date 3 before the learned revisional authority, whereafter he shall proceed in accordance with law. 4. The writ petition is accordingly disposed of. (S.K. Katriar, J.) S.K.Pathak/