IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12641 of 2002 SRI RAMANAND RAI, SON OF LATE RAM SEWAK RAI, RESIDENT OF MOHALLA KOTHIA (KURZI), P.S. DIGHA, P.O. SADAKAT ASHRAM, DISTRICT PATNA. ----- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, PATNA 3. THE DY. COLLECTOR, LAND REFORMS, PATNA, SADAR 4. THE CIRCLE OFFICER, PATNA SADAR 5. BIHAR VIDYAPITH, SADAKAT ASHRAM, KURZI, P.S. DIGHA, DISTRICT PATNA THROUGH ITS SECRETARY. ----- RESPONDENTS ----------- 7 24.9.2010 This writ application is directed against the order dated 4.4.2000, passed by the Collector, Patna in Case No. 23 of 1999 which arises out of Mutation Case No. 344/1 of 1995-96. Petitioner had filed an application for mutation which was decided in his favour by the Circle Officer, Patna. Respondent no. 5 being aggrieved by the order dated 15.12.1997 passed in favour of the petitioner challenged it by filing appeal before the D.C.L.R. which was allowed in favour of respondent no. 5 by order dated 8.1.1999. Being aggrieved by the order of the D.C.L.R. the petitioner filed a revision before the Collector which was dismissed on the ground that the application was barred by limitation. Learned counsel for the petitioner submits that the order in the appeal was passed on 8.1.1999. He applied for the order on 11.1.1999. A copy of the order dated 8.1.1999 was made available on 28.7.1999 and thereafter the revision application was filed on 20.8.1999. The dates aforesaid indicate that the revision application was filed within time and, therefore, the Collector has 2 wrongly held that it was barred by limitation without considering the aforesaid facts. It is true that the petitioner ought to have filed a limitation application explaining the aforesaid facts. However, considering all aspects of the matter the order dated 4.4.2000 is quashed and the matter is remitted back to the Collector, Patna to decide the case on merits within a period of six months on receipt/production of a copy of this order. This writ application is allowed. Sanjay ( Sheema Ali Khan, J.)