IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3842 of 2006 BIPIN KUMAR PATHAK, SON OF RAMANAND PATHAK, RESIDENT OF VILLAGE- MEHDA SAHPUR, P.S. CHERIA BARIARPUR, DISTRICT- BEGUSARAI :--- PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH DISTRICT MAGISTRATE, BEGUSARAI, DISTT. BEGUSARAI. 2. SUBDIVISIONAL OFFICER, MANJHAUL SUB-DIVISION, DISTRICT- BEGUSARAI. 3. BLOCK DEVELOPMENT OFFICER, CHERIA BARIARPUR BLOCK DISTRICT- BEGUSARAI. 4. BLOCK AGRICULTURE OFFICER, CHERIA BARIARPUR, DISTRICT- BEGUSARAI :--- RESPONDENTS. ----------- 2. 24.02.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order bearing Memo No. 68 dated 23.01.2006 passed by Sub-Divisional Officer, Manjhaul in the district of Begusarai, Annexure-7, whereunder Sub-Divisional Officer has directed the petitioner to remove the wooden kiosk raised by him in the campus of the Block Office. In this connection it is pointed out that in compliance of the orders of the Block Development Officer bearing Memo No. 57 dated 24.2.2005, Annexure-6 the wooden kiosk was placed by the petitioner near the Community Hall situate in the campus of the Block Office, Cheria Bariarpur. It is further submitted that petitioner never misconducted himself while operating the photo copier from the kiosk. The land over which - 2 - kiosk has been placed is not required for any public purpose yet the impugned order dated 23.01.2006, Annexure-7 has been passed without any rhyme or reason. 3. Having heard counsel for the parties, I direct the petitioner to appear before the Sub- Divisional Officer, Manjhaul along with a copy of my order whereafter the Sub-Divisional Officer, Manjhaul shall consider the submission of the petitioner and if he has not misconducted himself while operating photo copy machine from the wooden kiosk located in the campus of the Block Office in compliance of the order dated 24.02.2005, the Sub-Divisional Officer shall allow the petitioner to operate his photo copy machine from the wooden kiosk, provided the place is not required by the authorities for any other public purpose. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)