IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14414 of 2010 1. BIRCHANDRA PATEL S/O SRI BATORAN MANDAL R/O VILL ETAWA, P.S. DHARHARA, DISTT-MUNGER ......Petitioner Versus 1. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, RURAL DEVELOPMENT DEPARTMENT BIHAR, PATNA 2. THE DIRECTOR, RURAL DEVELOPMENT DEPARTMENT BIHAR, PATNA 3. THE COMMISSIONER MUNGER DIVISION, MUNGER 4. THE DISTRICT MAGISTRATE MUNGER, DISTT-MUNGER 5. THE DEPUTY DEVELOPMENT COMMISSIONER MUNGER, DISTT- MUNGER 6. SUPERINTENDENT OF POLICE MUNGER 7. THE DISTRICT PANCHAYAT OFFICER MUNGER, DISTT-MUNGER 8. SHRIMATI RITA DEVI W/O SRI RAM CHANDRA SINGH R/O VILL RAJWARA (BHALAR), P.O.BHALAR, P.S.DHARHARA, DISTT-MUNGER 9. MD. NISAR AHMAD S/O NOT KNOWN R/O VILL GAZIPUR TARAPUR, P.S.TARAPUR, DISTT-MUNGER ......Respondents ----------- 10 07-12-2010 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for respondent no.8, who has appeared pursuant to notice. Learned counsel for the petitioner has reiterated various allegations against respondent no.8, the concerned Mukhiya, which are already noted in the earlier order dated 28-9-2010. On behalf of respondent no.8, the Mukhiya, it has been submitted that the allegations are actuated by personal vendetta of the Up-Mukhiya whose signature appears on annexure-6. However, he fairly concedes that 2 a police case is already under investigation against Mukhiya and some enquiry was conducted under the orders of Principal Secretary of the concerned department and as appears from the submissions of learned counsel for the State and the statements made in paragraph 8 of the supplementary counter affidavit of respondents no.1 and 2, the recommendation of the District Magistrate, Munger has reached to Panchayati Raj Department on 18-10-2010. Necessary action as per provisions u/s 18 (5) of the Panchayati Raj Act has already been initiated and the same is under process in the concerned department. Paragraph 7 of the supplementary counter affidavit shows that appropriate decision is to be taken in accordance with law after thorough perusal of the allegations, explanation of the Mukhiya and opinion of the District Magistrate, Munger. In view of aforesaid factual position, no further useful purpose will be served by keeping this public interest litigation pending. Hence, it is disposed of with a direction to the concerned authorities of Panchayati Raj department and the State Government to 3 take appropriate action in accordance with law within a reasonable time, preferably, within six weeks. BKS/- (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)