IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1005 of 2009 KESHARI NANDAN MISHRA, son of Shingheshwar Mishra (Advocate), Civil Court, Bettiah, West Champaran, resident of village Piparpati, P.S. Jogapatti, District West Champaran … Writ petitioner-Appellant Versus 1. THE STATE OF BIHAR 2. The Chief Secretary, Govt. of Bihar, Patna 3. The District Magistrate cum Collector, District West Champaran 4. The Additional Collector, District West Champaran 5. The Officer In-charge, Legal Cell, District West Champaran … Respondents/Respondent 1st set 6. Umesh Thakur, son of Babu Saheb Thakur, resident of village Belawa, P.O. + P.S. Lauriya, District West Champaran … Respondents-respondent 2nd set ----------- 4. 7.4.2010 Being dis-satisfied with the order dated 30th June, 2009 passed by the learned Single Judge in C.W.J.C.No. 7156/2009 the present appeal has been filed. On a perusal of the order passed by the learned Single Judge it is manifest that the petitioner had challenged the direction of the State Government to continue either as an Additional Public Prosecutor, Civil Court, Bettiah or as Nyay Mitra, Gram Kutchery, Donwar. This Court on 8.2.2010 had required the Law Secretary to file an affidavit. On that day it was also 2 sought an assistance of the learned Advocate General. An affidavit has been filed by the Law Secretary of the State. Relying on the same it is submitted by Mr. Shahi, learned Advocate General, that an Additional Public Prosecutor can continue as Nyay Mitra. In view of aforesaid, this appeal is allowed and the order passed by the learned Single Judge is set aside. There shall be no order as to costs. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) Surendra/