IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 15898 of 2005 Jagdish Mistri, son of Ram Devan Sao, resident of Village – Harnichak, P S – Phulwari Sharif, District – Patna - Petitioner Versus 1 The State of Bihar 2 Commissioner -cum- Secretary, Department of Public Works, Bihar, Patna 3 Engineer-in-Chief, Building Construction Department, Bihar, Patna 4 Chief Engineer, Building Construction Department, Bihar, Patna 5 Executive Engineer, Building Construction Department, Patna 6 Accountant General, Bihar, Patna - Respondents *** For the petitioner : Mr Biresh Kr Sinha, Advocate For the S t a t e : Mr Harendra Pd Singh, G A 8 For Accountant General Mr L P K Rajgrihar, Addl Standing Counsel *** 5 20.12.2010 Interlocutory application has been filed for recall of order dated 08th November, 2010 imposing a cost of Rs 5,000/- for delay in filing counter affidavit. The reason given is due to election and other matters. I am afraid that is no ground. The writ petition was filed in the year, 2005. For five long years, no counter affidavit was filed. No instructions were also given in the matter. I find no reason to recall the order itself. Order of cost must be complied with. A counter affidavit has been filed. It has been stated therein that the petitioner has been given the same benefit which other persons were granted on 01.04.1981 and all his grievances stand redressed. In view of this stand in the counter affidavit, the writ petition is disposed of as there is nothing further to adjudicate. However, if petitioner ultimately finds that the grievances as 2 made in the application, have not been fully rectified and/or met, petitioner would be at liberty to bring it to the notice of the Chief Engineer, Building Construction Department who would get the matter examined and dispose of the same by a speaking order duly communicated to the petitioner. M.E.H./ (Navaniti Prasad Singh)