IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6552 of 2011 ====================================================== Devendra Prasad Singh .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ratan Kumar Kumar For the Respondent/s : Mr. V.M.K Sinha Aag13 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 4 05-12-2011 Heard learned counsel for the petitioner and learned counsel for the State. The controversy with regard to the annulment of the empanelment of the petitioner as a survey knowing pleader commissioner by order dated 19.2.2011 involves interpretations and counter interpretations being made by the parties to the Rules regarding the issue of commissions to qualified persons dated 10.2.1956 framed under Rule-9, Order-26 C.P.C., Rule-158 of the General Rules of the Joint Rules (Civil) framed in 1954 and subsequent amendments made to the 1956 Rules in the year 2008. The impugned order does not disclose any grounds for disqualification, when the petitioner has been able to demonstrate that earlier also he was empanelled as a service knowing pleader commissioner, removed and restored on a representation. Patna High Court CWJC No.6552 of 2011 (4) dt.05-12-2011 2 Perhaps, judicial review of the matter may be better facilitated if the respondents issue a show cause to the petitioner and then pass a reasoned and speaking order. It is also possible that after passing of such an order litigation may or may not necessarily arise. The order dated 19.2.2011 is therefore set aside to facilitate the same. The status of the petitioner shall therefore have to abide by such fresh order that may be passed by respondent No.2 which is expected to be done preferably within a maximum period of three months from the date of receipt/presentation of a copy of this order. The writ application is disposed. Krishna Chandra Jha/- (Navin Sinha, J)