STATE OF BIHAR THROUGH THE COLLECTOR OF BHOJPUR AT ARA Vs. PRIYADARSHI RAMESHWAR CONSTRUCTION COMPANY (P) LTD.

JUDGEMENT

(1.) HEARD Mr. Harshvardhan Shivsundaram, learned counsel for the petitioners and Mr. Ras Bihari Thakur, learned counsel appearing for opposite party no. 1.

(2.) IT is jointly submitted by the parties that the issue involved in this Civil Revision is in controversy between the petitioners and the opposite party no. 1 only and the other opposite parties no. 2 to 18. do not have any concern with this Civil Revision as they are proforma opposite parties herein. Thus, this Civil Revision can be disposed of in their absence as well at this stage. The State of Bihar through the Collector, Bhojpur at Ara and the Executive Engineer, Flood Control Division No. 2, Ara, District -Bhojpur, are the petitioners in this case. Only they have been debarred from filing written statement by the order dated 25.6.2003 and subsequently by the order dated 25.7.2006, recall of the aforesaid order has been refused by the court below.

(3.) LEARNED counsel appearing on behalf of the petitioner submitted that though there has been inordinate delay in filing of the written statement but in view of the fact that delay has occurred at different levels by the decision taking authorities, the same should have been condoned and the petition for recall of the earlier order dated 25.6.2003 ought to have been allowed. This Civil Revision is also time barred as there has been delay of about 1 and 1/2 months in filing of this Civil Revision.