IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11057 of 2008 LALITA DEVI Versus THE STATE OF BIHAR & ORS ----------- 2 6.5.2009 Learned counsel for the petitioner is permitted to add the designation of the officer of the State Government representing it in the course of the day. The grievance of the petitioner is that Respondent No.7 Pancha Devi who is the Mukhiya of Gram Panchayat Tikarampur in the district of Munger, should be restrained from taking over charge of the said Gram Panchayat after her release from jail in connection with a Police case for defalcation of Rupees thirteen lacs. It is submitted by learned counsel that the recommendation of the Collector for removal of Mukhiya was made as far back as on 28.6.2008, yet this respondent after coming out from jail has been allowed to take charge of Mukhiya. Subsequently, the Collector has reiterated the matter by sending reminder vide his letter dated 30.1.2009. This Court is surprised at the inaction of the authorities of the State Government which has taken upon itself the power of removing the Mukhiya after amending Section 18(5) of the Bihar Panchayat Raj Act with effect from 4.2.2008. In the above circumstances, the writ application is disposed of with a direction to Respondent No.1 to consider and dispose of the recommendation made by the District Magistrate, Munger in the - 2 - present matter in accordance with law within a period of four weeks from the date of receipt/production of a copy of this order. . SKBOSE (Ramesh Kumar Datta)