Manaur Alam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17316 of 2018 ====================================================== Manaur Alam Son of Md. Islam Resident of Mohalla - Block Road, Post Office - Narkatiaganj, Police Station - Shikarpur, District - West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna, Bihar.

2.

The Secretary-cum-Law Advisory, Law Department, Government of Bihar, Patna.

3.

The Additional Secretary, Law Department, Government of Bihar, Patna. 4.

The District Magistrate, West Champaran, Bettiah. 5.

Sri Suresh Kumar Son of Rambriksha Sah Special Public Prosecutor N.D.P.S Civil Court, Bettiah, West Champaran, Resident of Village - Chuhari, Police Station - Chanpatia, District - West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Kumar, Adv.

Mr.Amit Pandey, Adv.

Mr.Sumit Kumar, Adv.

For the Respondent/s :

Mr.Gyan Prakash Ojha, GA-7 For the Res. No.5 :

Mr.Dhananjay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2025

1. In pursuance to the order of this Court dated 05.12.2024, the Deputy Secretary, Law Department, Bihar, Patna has filed a supplementary counter affidavit, wherein it has been stated that the District Magistrate, West Champaran at Bettiah has already initiated the process for selection of Special Public Prosecutor (N.D.P.S.), West Champaran, in pursuance whereof an advertisement was issued and after consultation with the District and Sessions Judge, West Champaran at Bettiah, the District Magistrate, West Champaran has sent a panel of Advocates, for being

Patna High Court CWJC No.17316 of 2018(6) dt.09-01-2025 2/2 engaged as Special Public Prosecutor (N.D.P.S.), West Champaran, to the Law Department, vide letter dated 04.10.2021. It is further submitted by the learned counsel for the respondent-State that the matter is under process, thus the final decision would be taken forthwith and the Special Public Prosecutor (N.D.P.S.), West Champaran, shall be appointed within a period of four weeks from today.

2. As far as continuance of the private respondent no.5 is concerned, the learned counsel for the respondent-State has drawn attention to the letter of the Law Department dated 19.11.2014 and 16.10.2020, wherein it has been stipulated that after completion of the tenure of the Panel Advocates, they shall continue to work on their respective posts, till new appointments are made.

3. In view of the aforesaid, the learned counsel for the petitioner submits that the present writ petition be disposed off.

4. Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) sonal/- U