IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10858 of 2009 UDAI CHANDRA YADAV, son of Shri Musuk Lal Yadav, resident of village – Fatehpur, P.S. Narpatiganj, District – Araria. ---------------- Petitioner Versus 1. THE STATE OF BIHAR 2. Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna. 3. State Election Commission (Panchayat), Patna. 4. Director, Panchayati Raj, Govt. of Bihar, Patna. 5. District Magistrate, Araria. 6. District Panchayat Raj Officer, Araria. 7. Block Development Officer, Narpatganj, Araria. 8. Manoj Yadav, Up-Pramukh, Narpatganj Block (Araria), son of Sabuj Lal Yadav, resident of village – Panjarkatta, P.S. Narpatganj, District – Araria. ----------- Respondents ----------- 02. 27.08.2009 Petitioner has brought certain official communications made by the Director, Panchayati Raj, Government of Bihar, Patna, addressed to the District Magistrate, Araria as well as one Shri Hasibur Rahman, Government Pleader, Araria. The issue is a basic enquiry to be rendered against one Manoj Kumar Yadav, who supposed to be Up-Pramukh of Narpatganj. Allegation against him is that he is absconder for the last 9 years in Narpatganj P S Case No.152 of 1991. The entire exercise which is to be carried out in terms of section 44(4) of the Bihar Panchayati Raj Act for removal of such person is being held up due to non-cooperation of the District Magistrate as well as the concerned Government Pleader of the district. The actual state of affairs is not fully borne out from the writ application but inaction on the part of the above two authorities is apparent from the communications which are official in nature. The Court does not want to go to the extent at this stage whether it is - 2 - being done for extraneous consideration or it is mere inaction and inefficiency on their part. But giving the benefit of doubt to the two authorities the present writ application is disposed of with a direction upon the District Magistrate, Araria that he shall ensure forwarding of his opinion and report after obtaining the same from the Government Pleader within four weeks from the date of communication / production of a copy of this order. If the Government Pleader does not cooperate in the matter, the District Magistrate has freedom to send a report to the Law Secretary, Government of Bihar, for appropriate action. The writ application is disposed of with the above direction. rkp (Ajay Kumar Tripathi, J)