IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7528 of 2009 Shyam Sunder Jha . Versus The State Of Bihar & Ors . ----------- 2. 04.08.2011 Heard learned counsel for the petitioner and the State. The petitioner was working as a Clerk-cum- Typist in the Bihar Research Society, a body registered under the Society Registration Act, 1860 (hereinafter referred to as the ‘Society’). The Society has been taken over by the State Government, promulgating the Bihar Research Society (Take over) Act, 2007. Learned counsel for the petitioner invites the attention of the Court more particularly to Paragraph-5 of the Act and submits that neither is any appropriate decision being taken with regard to him within 90 days from the date of take over and nor has he been paid salary though he continued to discharge duties till his superannuation on 30.6.2009. The petitioner raises a grievance that the respondents did not follow Section 5 of the Take over Act by taking appropriate decision with regard to the petitioner within 90 days. The Court finds that even two years after the filing of the writ petition, the respondents had not yet taken decision to file a counter 2 affidavit also. Adjudication therefore is not possible. The controversy shall continue because of the failure of the respondents to file a counter affidavit or even respond to the petitioner’s representation dated 15.6.2009. The matter is therefore referred to the Secretary, Department of Art, Culture and Youth Affairs, Government of Bihar to take a decision under Section 5 of the Take over Act with regard to the petitioner within a maximum period of 90 days from the date of receipt/production of a copy of this order before him. If relief is to be denied to the petitioner, the order has to be reasoned and speaking with full transparency in context of the conditions and stipulations contained in Section 5 of the Take over Act with regard to its applicability/inapplicability to the petitioner so that judicial review of the order, if necessary may be facilitated. Should the respondents find justification in the claim or in any part of the claim, it is expected that all necessary consequential orders including for payment shall be issued simultaneously within the same period. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)