IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3660 of 2000 DEEP NARAYAN YADAV Versus THE STATE OF BIHAR & ORS. For the Petitioner : M/S G.K. Jha, S.K.Jha, Advocates. For the State : Mr. Anwar Karim(JC to SC-5), Advocate. For the private Respondents : M/S Uday Chand Prasad, Binod Kumar Sinha, Advocates. ----------- 25. 12.8.2008. Heard learned counsel for the petitioner, State and the counsel for private Respondent Nos. 5 to 11. 2. Petitioner proclaim himself to be the under raiyat who has also acquired occupancy rights over the lands in question is aggrieved by the order dated 27.2.2000 passed by the Sub-Divisional Officer, Dhamdaha, Purnia, Respondent No. 3 as contained in Annexure-6 to this application, whereunder the appeal filed by him bearing No. 14 of 1999 was dismissed on the ground that the same was filed beyond the period of limitation as the original impugned order was passed on 26.3.1998 but the appeal was filed on 18.9.1999. 3. It is submitted on behalf of the petitioner that along with the memo of appeal petitioner also filed limitation application explaining the delay caused in filing the appeal. The learned Sub- Divisional Officer failed to consider the grounds taken in support of the plea for condoning the delay as he proceeded on the footing that petitioner had the knowledge about the passing of the impugned order dated 26.3.1998. It is further submitted that the petitioner may have the knowledge about the order but he was prevented on account of circumstances beyond his control in not approaching the appellate court within the time required for the same. - 2 - 4. This court having heard counsel for the parties is of the view that petitioner has made out good grounds for condoning the delay in filing the appeal, as such, the impugned order dated 27.2.2000 is set aside and the parties i.e. petitioner and the private Respondent Nos. 5 to 11 are directed to appear before the Sub- Divisional Officer, Respondent No.3 on 15.9.2008 whereafter the Sub-Divisional Magistrate shall first condone the delay in filing the appeal and thereafter proceed to dispose of the matter in accordance with law after hearing both the parties. 5. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha, J.)