IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13327 of 2001 MD.ALAM & ORS Versus THE STATE OF BIHAR & ORS ----------- 3. 19.09.2008. None appears for the petitioners. Counsel for the Private Respondent Nos. 4 to 6 is present. 2. Petitioners are aggrieved by the order dated 23.8.2001 passed by the Sub-Divisional Officer, Barsoi, Katihar, Respondent No. 2 in Case No. 01 of 1999-2000, Annexure-1 whereunder appeal filed against the order dated 16.2.1999, Annexure-2 passed by the Circle Officer, Balrampur, Katihar, Respondent No.3 under Section 48D of the Bihar Tenancy Act, 1885 (hereinafter referred to as “the Act) has been dismissed as time barred as the appeal was filed seven months after the passing of the original order by the Circle Officer dated 16.2.1999, Annexure-2. 3. Having perused the order dated 23.8.2001, Annexure-1, I am satisfied that the writ petitioner had made out a case for condoning the delay in filing the appeal against order dated 16.2.1999, Annexure-2, which was passed behind the back of the petitioner and accordingly, order dated 23.8.2001, Annexure-1 is set aside and the delay caused in filing the appeal is condoned and the appellate court i.e. Sub-Divisional Officer, Barsoi, Respondent No.2 is directed to hear Case No.01 of 1999-2000 in accordance with law after giving notice to the petitioners and the Private Respondent Nos. 6 to 8. 4. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha,J.) - 2 -