IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2832 of 2002 AWADHESH KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 7 19/5/2009 Heard counsel for the parties. Reference may be made to the orders of this Court dated 15.4.2009, 30.4.2009, 4.5.2009 and 14.5.2009. Pursuant thereto in fact the Collector and other respondents (respondent nos. 2 to 6) had appeared Yesterday and also are present today. The Collector of the district in his counter affidavit and the show cause has accepted two things, namely, that the impugned order passed by the then Subdivisional Officer dated 21st November, 2000 (Annexure-5) cannot be supported by law, inasmuch as, no administrative officer has been vested with the power to use police force and magistracy for construction of a boundary wall by the private individual. The Collector, East Champaran, Motihari has also given certain explanation for not filing the counter affidavit in this case. Considering the facts stated by the Collector in his show-cause, his explanation is accepted with a clear indication to all the respondents that if counter affidavit would not be filed in future in the cases arising out from the Collectorat of East Champaran the Collector of the district shall be held personally responsible for such lapses. From the counter affidavit it appears that during 2 pendency of this writ application a title suit being Title Suit No. 374 of 2003 has been filed by the petitioner. Since the issue with regard to right, title and interest of the petitioner vis-à-vis respondent no.7, Yogendra Prasad Singh can be effectively gone into in such title suit, this Court would dispose of this writ application with a direction to the trial court, in seisin with the case, to dispose of the same within a period of nine months from the date of receipt/production of a copy of this order. At the same time, the present Collector having noted that the impugned order, Annexure-5, in this writ application was out and out an illegal order passed by the then Subdivisional Officer, would submit a comprehensive report to the Secretary of the Personnel and Administrative Reforms Department for drawing a departmental proceeding against the then S.D.O. and it is expected that the State Government shall take appropriate disciplinary action against the said S.D.O. who had taken the law in his own hand while seeking to help the respondent no.7. With the aforementioned observations and directions this application is disposed of. Let personal appearance of all the respondents be dispensed with. Abhay Kumar (Mihir Kumar Jha, J.)