IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4984 of 2011 1. SIRO DEVI, W/O- MAHESHI MANDAL 2. FULESHWAR MANDAL, S/O- LATE KISHAN MANDAL 3. SHIV NARAIN MANDAL, S/O- LATE THITHAN MANDAL ALL RESIDENTS OF VILLAGE- SIMRA, P.S.- KURSELA, DISTRICT- KATIHAR. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, KATIHAR 3. DEPUTY COLLECTOR, KATIHAR. 4. CIRCLE OFFICER, KATIHAR. 5. SURYA NARAIN YADAV, S/O- LATE DEVI YADAV, R/O- SIMRA, P.S.- SIMRA, P.S.- TIKAPATTI, DISTRICT- PURNEA, AT PRESENT R/O- AWADHAH NAGAR, P.S.- KURSELA, DISTRICT- KATIHAR. 6. SMT. PRATIBHA DEVI, W/O- DR. MIRTUNJAY KUMAR SINGH, R/O- WARD NO. 9, SAMASTIPUR, P.S. AND DISTRICT- SAMASTIPUR. For the petitioners : Mr. Bhola Prasad, Advocate For the respondent : Mr. Bipin Chandra, A.C. to A.A.G-11 ----------- 3 21.04.2011 Learned counsel for the petitioners and the State are present. Petitioners seek issuance of appropriate direction upon respondent No. 2, the Collector, Katihar to dispose of B.T. Act Appeal No. 613/2008-09 which is said to be pending before the said respondent for the last 02 years. It is the stand of the petitioners that upon issuing the notice, parties have already appeared and pleadings have been completed. On 16.3.2011, on the prayer of counsel for the State, the following order was passed: “Only prayer made in this application is that the appeal being Appeal No. 613 of 2008-09 preferred by the petitioners in terms of 48F of the B.T. Act be directed to be disposed of expeditiously as the parties have appeared and exchanged pleadings. Learned counsel for the State is granted 04 weeks time to file counter affidavit, if so 2 advised. If no counter affidavit is filed, this Court may proceed to dispose of the present application at the admission stage itself. Post this case after 05 weeks in the same list.“ Today, as usual, learned A.C. to A.A.G.-11 prays for further time to seek instruction and file counter affidavit. This Court had made it clear on previous occasion that if no counter affidavit is filed, this Court, in view of limited prayer made in the application, would proceed to dispose of the application at the admission stage itself. Having heard the parties and after going through the materials on record, the present application is disposed of by the following order: Let the petitioners appear before respondent No. 2 and file copy of the present order within 04 weeks whereafter the said respondent shall take steps for disposal of the pending B.T. Act Appeal No. 613/2008-09 in accordance with law after affording opportunity of hearing to the parties as quickly as possible but not later than 04 months from the date of production of copy of the order in the manner indicated above. pkj ( Kishore K. Mandal, J)