IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17127 of 2008 Ajay Kumar son of Late Kamleshwari Mandal, Resident of village Bochahi, P.O. Kamlakund, P.S. Gopalpur, District Bhagalpur. Versus 1. The State of Bihar through Secretary-cum-Commissioner, Social Welfare Department, Government of Bihar, Patna. 2. The Director, Social Welfare Department, Govt. of Bihar, Patna. 3. The Commissioner, Bhagalpur Division, Bhagalpur. 4. The District Magistrate, Bhagalpur. 5. The Superintendent of Police, Bhagalpur. 6. The District Welfare Officer, Bhagalpur. 7. The Sub Divisional Officer, Bhagalpur Sadar, Bhagalpur. 8. The Deputy Collector, Land Reforms, Bhagalpur. 9. The Incharge Headmaster, Government Deaf and Dumb Residential Middle School, Refugee Colony, Bari Khanjarpur, P.S. Barari, Bhagalpur. 10. The Hostel Superintendent, Govt. Deaf and Dumb Residential Middle School, Refugee Colony, Bari Khanjarpur, P.S. Barari, Bhagalpur. 11. Sri Ajay Kumar Singh, Assistrant in the Office of Deputy Collector, Land Reforms Bhagalpur. ----------- For the petitioner : Mr. Ashok Kumar Singh For the respondents : Mr. Prasoon Sinha, G.A. III ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, 4th December, 2008 By the present writ petition filed in the nature of public - 2 - interest litigation the following reliefs have been prayed: “A. Issuance of writ in the nature of mandamus commanding the Respondents to implement/comply the order vide letter no. 1758 dated 28.11.2007 issued by District Magistrate, Bhagalpur by which direction was given to the S.D.O. Bhagalpur Sadar for dispossessing/vacating the 4 rooms Hostel/Quarter and hand over to the School administration which is very much situated in deaf and dumb school premises unauthorisedly occupied by an Assistant working in the office of D.C.L.R. Bhagalpur. B. The Respondents higher authorities be directed to take serious action against the erring officers who are taking lenient view against occupier of the Hostel/quarter in question which is keen need of deaf and dumb middle school so that the needy disabled children be peacefully availed the facilities given by the government, whereas due to that occupied quarter the sanctioned 50 seats are not being filled up and who are studying in the school has been harassing from all corners since long back.” 2. We, however, find from Annexure-5 annexed with the writ petition that the District Magistrate, Bhagalpur has already asked the Sub-divisional Officer, Sadar, Bhagalpur to remove Ajay Kumar Singh from his occupation of various rooms in Government Deaf and Dumb Residential Middle School, Bhagalpur and hand over it to the Incharge Headmaster of the said school. Obviously, the Sub- divisional Officer, Sadar, Bhagalpur has to execute the order dated 28th November, 2007, if not executed so far and if there is no restraint or injunction order by any court. Already more than a year has passed, since the order dated 28th November, 2007 was passed by the District Magistrate, Bhagalpur. The Sub-divisional Officer, Sadar, Bhagalpur is expected to comply with the said order without any further delay. 3. With the aforesaid observation, this writ petition is - 3 - disposed of. R.M.Lodha, CJ. Kishore K.Mandal, J. AMIN/