Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.836 of 2020 ====================================================== Praveen Kumar, S/o Late Parash Nath Sinha, Resident of Village- Mohanpur, P.S.- Punpun, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2.

The Collector cum District Magistrate Patna 3.

The Addl. Collector Patna 4.

The D.C.L.R. Masaurhi, Patna 5.

The Circle Officer Punpun, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Singh, Adv.

For the Respondent/s :

Mr. Rakesh Ranjan, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-01-2020 Heard learned counsel for the parties.

This writ application has been filed seeking a direction to the respondent no. 2 to dispose of Misc. Appeal (Jamabandi Cancellation) Case No. 03 of 2015, which is pending since 21.03.2015.

Learned counsel for the State does not have any objection if this Court directs the Collector to dispose of the petitioner's appeal within a time frame.

Considering the nature of relief, which the petitioner is seeking, this writ application is disposed of with a direction to the Collector, Patna to dispose of the said Misc. Appeal

Patna High Court CWJC No.836 of 2020(2) dt.16-01-2020 2/2 (Jamabandi Cancellation) Case No. 03 of 2015 within a period of three months from the date of receipt/ production of a copy of this order.

While disposing of the present writ application this Court cannot lose sight of the ground reality that the Collector of a district has to function as quasi judicial authority in huge number of cases involving diverse issues and at the same time he has to perform his other purely executive functions. This is possibly the reason why the Collectors of the districts are finding it difficult to take up cases pending before their respective courts arising out of various statutory provisions. It is about time when the State Government of Bihar may consider creation of a post conferring powers of the Collector, in conformity with law, for expeditious disposal of such cases pending in their courts arising out of different statutory provisions.

Let this order be communicated to the Chief Secretary of Bihar by the District Magistrate, Patna.

(Chakradhari Sharan Singh, J) Rajesh/- U