IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10341 of 2005 RAM TAWAKAYA SINGH & ORS Versus THE STATE OF BIHAR & ORS ----------- 03/ 07.8.2008 Heard learned counsel for the petitioners and the State. 2. Petitioners are the land holders. They are aggrieved by the orders of the Circle Officer, Bikramganj, Respondent no.3, whereunder private Respondents have been declared tenants under the Privileged Persons Homestead Tenancy Act under orders dated 12.11.2001/28.11.2001, passed in Settlement Case No. 15 of 2000-01. Petitioners assailed the said order dated 12.11.2001/28.11.2001 by filing appeal, which was numbered as 16 of 2004 but the appeal has been dismissed on the ground of limitation under orders dated 5.4.2005, Annexure-3. 3. It is submitted on behalf of the petitioners that while filing the appeal, they had also filed an application for condoning the delay in filing the appeal making out good grounds for condonation of delay in filing the appeal. 4. Perusal of the order dated 5.4.2005, Annexure-3 does not indicate that the grounds taken in support of limitation petition has been considered by the learned Collector, Rohtas at Sasaram when he dismissed the appeal on the ground of limitation. 5. In the circumstances, order dated 5.4.2005, Annexure-3 is set aside and the learned Collector is directed to issue notice to private Respondent nos. 5 to 8 and after their appearance to condone the delay and hear the appeal No. 16 of 2004 on merits. - 2 - 6. It is submitted on behalf of the petitioners that till date private Respondents have not been able to secure possession of the lands in question. In that view of the matter, learned Collector, Rohtas at Sasaram shall consider the desirability of passing the interim order in favour of the petitioners during the pendency of the appeal. 7. This application is, accordingly, disposed of.. Arjun/ (V.N. Sinha, J.)