IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13387 of 2008 SURENDRA CHOUDHARY SON OF SITARAM CHOUDHARY, RESIDENT OF VILLAGE JALALPUR, P.O. KHANPURA, P.S. GIRIYAK, DISTRICT NALANDA. Versus 1. THE STATE OF BIHAR 2. SECRETARY CUM-COMMISSIONER, DEPARTMENT OF FOOD & CIVIL SUPPLIES , GOVERNMENT OF BIHAR, PATNA. 3. THE DIVISIONAL COMMISSIONER, PATNA DIVISION, PATNA. 4. THE DISTRICT MAGISTRATE, NALANDA AT BIHARSHARIF. 5. SUB-DIVISIONAL OFFICER, RAJGIR, DISTRICT NALANDA. ----------- 2/ 10-07-2009 Heard learned counsel for the petitioner and learned counsel for the State. The matter is being disposed of on a very limited issue. The contention of the petitioner is that the mandate of the law provides to decide the appeal within sixty days but the appeal bearing no. 10 of 2005 filed against cancellation of licence of the petitioner, which was filed way back in the year 2005, has not yet been decided despite four years having been elapsed in this matter. Learned counsel for the petitioner informs the Court that according to the records the hearing in the matter was finally concluded on 24.02.2009 and the final order is still awaited despite more than five months having elapsed. The appeal has not been decided one way or other. It does not reflect well the way judicial/ quashi judicial work is carried out by the District Magistrate who - 2 - has been authorized under the law to decide such appeals. The aberration of the kind and delay in such decision is not first of the kind which has come to the notice of this Court. Statutory appeals are pending for years together because the District Magistrates have no time to attend to court work despite the mandate of law to decide the appeals within time frame. The only thing this Court can record is that it is high-time the petitioner gets justice at the hands of the District Magistrate, Nalanda who shall render his decision within fifteen days from the date of communication/production of a copy of this order. Let a copy of this order be communicated to the Chief Secretary, Government of Bihar who shall be obliged to issue circular/circulars to all the District Magistrates, reminding them of their responsibilities in such matters with a direction that they have obligation to hold courts regularly and render their decisions at the earliest. This Court may be apprised of the step which may be taken by the Chief Secretary, Government of Bihar. This writ application stands disposed of with the above direction. ( Ajay Kumar Tripathi, J ) BTiwary/