IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1907 of 2011 In Civil Writ Jurisdiction Case No. 5726 of 2007 With Interlocutory application No. 8492 of 2011 In Letters Patent Appeal No. 1907 of 2011 1. The State of Bihar, through the Secretary, Gram Panchayati, Bihar, Patna 2. The District Officer -cum- District Magistrate, Banka 3. The Deputy Collector (Establishment), Banka 4. The District Panchayati Raj Officer, Banka …. …. Respondents/Appellants Versus Malti Devi, W/O Late Ram Kishun Prasad, R/O Goderia Bigha, P.S.- Islampur, District- Nalanda at Biharsharif …. …. Petitioner- Respondent Appearance : For the Appellant/s : Mr. Lalit Kishore, AAG 1. Mr. Vikash Kumar, A.C. to AAG 1. For the Respondent/s : CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 15-12-2011 This Appeal under Clause 10 of the Letters Patent is preferred by the State Government against the order dated 28th November 2011 made by the learned single Judge pending CWJC No. 5726 of 2007. Learned Additional Advocate General Mr. Lalit Kishore has appeared for the appellants. He has submitted that the challenge to the impugned order is to the extent that all the officers who were summoned before the Court under order dated 17th November 2011 (Some 18 officers) have been called upon to file counter affidavit indicating the action taken by each officer at the relevant time. Patna High Court LPA No.1907 of 2011 (4) dt.15-12-2011 2 / 2 2 Mr. Lalit Kishore has argued that order requiring all the officers to file counter affidavit was not warranted. The officer now in-charge of the office has filed counter affidavit and has placed the materials before the Court. Affidavit of all the 18 persons summoned by the learned single Judge was not warranted. He has submitted that most of them have been transferred from the concerned department and some of them have also retired from service. He has submitted that the facts involved did not warrant each officer to make affidavit. Be that as it may, we are informed at the bar that all such officers have filed counter affidavit. The impugned order dated 28th November 2011 having been complied with, this Appeal is rendered infructuous. The Appeal and the application are accordingly disposed of. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)