IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17944 of 2009 ***** Ganesh Mistry son of Late Deo Nath Mistry, Proprietor of Janta Motor Works, Balua Bazar, P.O. Motihari, P.S. Town, District East Champaran. …. …. Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, East Champaran at Motihari. 3. The Sub Divisional Magistrate, Sikrahna at Motihari. …. …. Respondents ----------- 2. 18.12.2009. Heard counsel for the parties. Based on the lowest quotation offered by the petitioner an order dated 8.10.2007, contained in Annexure-2 to the writ application, was issued by the then Sub Divisional Magistrate, Sikrahna in the district of East Champaran for repair of an official Jeep No.BR-05P-0223. The necessary repair work was carried out by the petitioner and a bill dated 24.11.2009 for Rs.29,750/- was raised as per Annexure-3. Petitioner had been given an advance of Rs.10,000/- but the balance amount never came to be paid to him. His plea before the Sub Divisional Magistrate as well as the District Magistrate, Motihari has also fallen on deaf ears. Applications have been made to the District Magistrate which are Annexure-4 and 5. From the pleadings in the writ application it seems that the petitioner is a small time motor garage owner, struggling to make a living and he positively saw an opportunity when an offer was made by the then Sub Divisional Magistrate for repair of his vehicle, but little did he realize that as to what was in store for him. If the respondents were private individuals then the Court may not have an occasion to comment or observe on their conduct or behaviour but a conduct of this kind coming - 2 - from a respected civil servant of the district is certainly painful, if not embarrassing for this Court to even adjudicate or decide. Callousness on behalf of the respondents is apparent from the plea of the petitioner raised in the present writ application. The writ application stands disposed of with a direction that the dues of the petitioner must be settled within four weeks from the date of communication/production of a copy of this order. If there is any objection with regard to any item petitioner must be told about the same within the same time frame. A copy of this order will also be marked to the District Magistrate, Motihari who shall issue a direction to all his subordinates that in future no conduct of theirs of this kind should become a subject matter of dispute which needs to be carried to the level of the High Court and it shall be his duty also to ensure that the legitimate claim of the petitioner is settled within four weeks as granted above. If the matter is not resolved in the time frame and the petitioner is to revert to the High Court, there could be an occasion to pass strictures against the conduct of such officers, bringing to the notice of the highest of the State and may be award exemplary cost. This writ application is disposed of with above observation. Pawan/- (Ajay Kumar Tripathi, J.)