1. Heard learned counsel for the appellant, learned counsel for respondent no. 5, the writ petitioner and also learned counsel appearing for the State.

2. By order dated 7.1.2009 the learned Single Judpe has rejected the review application mainly on the ground that the writ petitioner, who purchased the land under pre-emption, has already constructed his house on that land 25 years ago and further on the ground that according to well-established law, pre-emption is a weak right.

3. Before us, learned counsel for the appellant has submitted that the review application should have been allowed on the ground that the counsel for the appellant who was respondent no. 5 in the writ petition could not appear because he had died.

4. From the approach of the learned Single Judge it is clear that his anxiety was not to prolong the litigation pending for several decades and therefore he made up his mind on the facts of the case and mainly on the ground that the land was being used for homestead purposes for several years.

5. Adopting the approach of the learned Single Judge we also invited learned counsel for the appellant to address on merit. It has been submitted that according to