IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8335 of 2009 1. Pramila Saha, wife of Late Bishwamohan Sah, 2. Ajit Kumar Saha @ Munna, 3. Vijay Kumar Saha Lalan, both sons of Late Bishwamohan Sah, all of Damgara, PS Dhamdaha, Dist. Purnea – Petitioners. Vs. 1. The State of Bihar, 2. The Collector, Purnea. 3. The D.C.L.R. Banmakhi, Dist. Purnea. 4. The Circle Officer, Banmankhi, Dist. Purnea. 5. Md. Ebrahim Mian, son of Late Siddique Mian, 6. Munna, son of Siddique Mian, both of Ramjani, PS Jankinagar, District Purnea – Respondents. 2 7.8.2009 Heard the parties. This writ petition has been filed against the order, dated 11.3.2008 passed by the Collector, Purnea in R. A. Case No. 41/2002. This court is not issuing notice to respondents 5 and 6 as that would cause delay in the matter and even after hearing the parties the result would be the same. The petitioners filed appeal before the Collector on 21.5.2002. The next dates on which this matter came up for hearing are 9.7.2002, 13.9.2002, 19.11.2002, 31.12.2002, 4.3.2003, 1.8.2003 and 17.10.2002. On 17.10.2003 the Collector fixed the next date of hearing on 23.12.2003. However, the order sheet shows that in fact the matter was not placed before the Collector on that date and it remained pending before him and no order was passed on 23.12.2003. Suddenly on 27.12.2005 the Collector has recorded that the petitioners are absent and fixed 24.3.2006 as the next date in the case. Again no order was passed on 24.3.2006. On 11.3.2008, all of a sudden the appeal was dismissed for non-prosecution. In the facts aforesaid it is obvious that the order has 2 been passed after a gap of five years after 17.10.2003 and for the interregnum period the orders are missing with respect to fixation of date. It is unfortunate that such matters are kept pending for three to five year and then orders are passed dismissing the appeal without noticing the parties. In the circumstances this court has no option but to quash the order, dated 11.3.2008 with a direction to the Collector, Purnea to rehear the matter and pass an order on merits after noticing the parties concerned. The petitioners are directed to appear before the Collector with a copy of this order within a period of three weeks from the date of receipt of a copy of the order. The Collector will thereafter issue notice to the private respondents, if any, and pass appropriate orders within a period of three months thereafter. This writ petition is disposed of with the aforesaid observations and directions. haque (Sheema Ali Khan, J.)