IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17694 of 2010 PRABHAT KUMAR, S/O Mangal Prasad Singh, Resident of Village- Dumroa Tola, P.S.- Dhangal, District- Bhojpur, The Assistant Manager M/S Jadugar Goga Sarkar. …….Petitioner. Versus 1. THE STATE OF BIHAR. 2. The District Magistrate, East Champaran. 3. The Sub-Divisional Officer, Chakia, East Champaran. 4. The Block Development Officer Chakia, District-East Champaran. 5. The Officer-in-charge, Chakia, District- East Champaran. …..Respondents. For the Petitioner:- 1. Mahendra Thakur, Adv. 2. S.B.Pandey, Adv. For the State:- Miss. G. Nisha. Asst. C AAG-7. ----------- 3 29.11.2010 Heard learned counsel for the petitioner and learned counsel for the respondents, State of Bihar and its authorities. 2. Although this writ petition was filed on 25.10.2010 after serving copies thereof in the office of the Advocate General, no counter affidavit has been filed even after specific direction of this Court vide order dated 27.10.2010. 3. Today learned counsel for the respondents submits that she had telephonically informed the authorities and had also sent several letters through FAX to the authorities concerned with respect to the instant case, but in spite of that neither any instructions have been sent nor any 2 one has approached in this regard. In the said circumstance, it is quite apparent that the respondents have nothing to say about the statement of fact made in the writ petition. 4. This writ petition has been filed for a direction to the Sub-Divisional Officer, Chakia, East Champaran (respondent no. 3) for granting permission to the petitioner for holding a Magic show in a private land situated at Chakia Market, P.S. Chakia, East Champaran. 5. The petitioner had applied for such permission as far back as on 20.8.2010 for which recommendations have already been made by the Block Development Officer and the Officer-in-charge of Chakia P.S. on 28.9.2010 and 2.9.2010 respectively, but in spite of that the authority concerned namely the Sub-Divisional Officer, Chakia (respondent no. 3) failed to act on the application in accordance with law and due to his uncalled for and illegal inaction the petitioner is unnecessarily being harassed and put to loss. 6. Since recommendations have already been received from the Block Development Officer and Officer- in-Charge of the P.S. there cannot be any valid reason for respondent no. 3 to ignore the application filed by the 3 petition for such a long time back, nor even the respondents are able to give any such reason and deny the claim raised by the petitioner before this Court. 7. In the said circumstances this writ petition is allowed and Sub-Divisional Officer, Chakia, East Champaran (respondent no. 3) is directed to grant permission to the petitioner as required in his application dated 20.8.2010 immediately without any further delay preferably within 15 days from the date of receipt/ production of a copy of this order. Bhardwaj ( S.N.Hussain, J.)