Vijay Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 12379 of 2022 ====================================================== Vijay Kumar Mishra Son of Jai Nandan Mishra, Resident of Village Madarpur, P.S. Hajipur Sadar, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Principal Secretary, Department of revenue, Government of Bihar, Patna. 3.

Commissioner, Tirhut Division, Muzaffarpur.

4.

District Magistrate-cum-Collector, Vaishali, District- Vaishali. 5.

Sub-divisional Officer, Vaishali.

6.

Circle Officer, Bidupur, District- Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Rajeev Ranjan, Advocate For the Respondent/s :

Mr Sajid Salim Khan, SC XXV ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and the respondents through Virtual Mode.

The petitioner, a Revenue Karamchari has been dismissed by order of the District Magistrate -cum- Collector, Vaishali dated 27.08.2019. On 26.09.2019, appeal has been filed before the Commissioner, Tirhut Division, Muzaffarpur (Respondent No 3). Copy of the appeal has not been placed on record by the petitioner and it has been asserted that Service Appeal No 249 of 2019 was filed on 26.09.2019 and that the same is still pending.

Prayer is for a direction to Respondent No 3 to take a

Patna High Court CWJC No.12379 of 2022(2) dt.11-11-2022 2/2 final decision on the petitioner's appeal.

In view of the limited prayer of the petitioner, learned State Counsel has no objection to disposal of the writ petition. It is, however, submitted that he does not have any instruction whether the appeal is still pending?

Considering the rival submissions and in view of the limited prayer by the petitioner's counsel, pendency of the instant writ proceedings would serve no useful purpose. The same is disposed of with a direction to Respondent No 3, the Commissioner, Tirhut Division, Muzaffarpur to dispose of the petitioner's appeal, if still pending, by a reasoned and speaking order in accordance with law within a period of four weeks from the date of receipt/production of a copy of this order. (Madhuresh Prasad, J) M.E.H./- U