IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2214 of 2009 DR.VIJAY KUMAR S/o Late Ramchandra Prasad, resident of Mohalla – Station Road Gali, PS Khusrupur, District Patna ….Petitioner Versus 1. THE STATE OF BIHAR 2. The Collector, Patna 3. The Deputy collector Land Reforms, Patna 4. The Circle Officer, Fatuha, District Patna 5. Sant Prasad, son of Late Mahendra Prasad, resident of Village Khusrupur, PO & PS Khusrupur, District Patna 6. Devendra Prasad Swarnkar S/o Late Laxmi Sao Swarnkar, resident of Village Saffipur at present residing at Arya Samaj Road, Khusrupur (Jewellery shop) PO & PS Khusrupur, District Patna 7. Surendra Choudhary S/o Late Dwarka Choudhary 8. Ramdeo Choudhary, S/o Late Soukhilal Choudhary 9. Mosmat Jhujhan Devi w/o Late Shital Choudhary - All residents of village Rukunpura, PS Bakhtiyarpur, District Patna, at present residing at Mohalla Ratu Road, Ranchi, PS Sukhdeo Nagar, District Ranchi (Jharkhand) 10. Ramanand Prasad 11. Naresh Prasad 12. Ashok Kumar 13. Arvind Kumar @ Munna Kumar 14. Dilip Kumar - all sons of late Debrat Prasad 15. Smt. Mina Devi W/o Sri Kamleshwar Prasad 16. Smt. Tunni Devi W/o Sri Ramanand Prasaad 17. Smt. Nilam Devi W/o Ajay Prasad 18. Smt. Munni Devi W/o Mahendra Prasad 19. Smt. Geeta Devi W/o Mrityunjay Prasad 20. Smt. Sangeeta Devi W/o Sunil Kumar - all married daughters of late Debrat Prasad, all residents of village Khusrupur, PO & PS Khusrupur, District Patna………… Opposite parties ----------- 06- 3/1/2011 Heard Mr. Suraj Narayan Yadav for the petitioner, and learned Assistant Counsel to AAG No.V. This application has been filed for recall and/or modification of the order dated 6.1.2009, passed in CWJC No.18979 of 2008 for the alleged non-compliance of which 2 the writ petition stood dismissed. It appears from a perusal of the writ proceeding that the petitioner was required to file certified copies of Annexures 14 and 15 thereto (i.e. to CWJC No.18979 of 2008), photocopies of certified copies of Annexures 14 and 15 are accompanied with typed copies thereto, which are orders of the learned first authority and the learned appellate authority. The stamp report was to the effect that this was not adequate, and the petitioner may supply certified copies of the two orders. By order dated 6.1.2009, passed in the writ proceeding, this Court granted four weeks’ time to the petitioner to file certified copies of the two orders which the petitioner could not supply resulting in dismissal of the writ petition. 2. It appears to us from a perusal of the present application that the concerned offices are unable to supply certified copies of the two orders because the original records are not available. In the peculiar facts and circumstances of the case, the order dated 6.1.2009, passed in CWJC No.18979 of 2008, is hereby recalled. The petitioner is now not required to file certified copies of the two orders. Office will proceed on the basis of the orders already placed on record by way of Annexures 14 and 15 to 3 the writ petition. 3. This application is accordingly allowed. mrl ( S K Katriar )