IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.809 of 2009 Md.Mustaq Khan . Versus The State Of Bihar & Ors . ----------- 2/ 27/06/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner claims grant of A.C.P. benefit. He is stated to have superannuated in the year 2007. A counter affidavit has been filed on behalf of the respondents affirmed by the Executive Engineer, Ground Water Survey Division. Paragraph-9 of the same confronts the Court with his conclusions that the case of the petitioner had been considered and rejected. No reason has been mentioned why it has been rejected. Enclosure-A to the counter affidavit which is sought to be invoked to support the paragraph is of no relevance as it is of a general nature giving out no reasons why the case of the petitioner was not accepted. The writ petition has remained pending since 16.9.2009. The Court is not persuaded to prolong the dispute at its portal. If the petitioner approaches the Commissioner, Department of Irrigation along with a copy of the present order, he shall be granted a personal/representative hearing. If the Commissioner 2 opines that the petitioner is entitled to relief or any part of the relief, it is expected that necessary consequential orders shall be passed, including the payment of any legitimate arrears. If the respondent opines that the petitioner is not entitled to the benefit, he is required to pass a reasoned and speaking order disclosing full application of mind and transparency to what was urged on behalf of the petitioner, what was stated by the Commissioner and why to the mind of the Commissioner the petitioner was not entitled to relief, to facilitate judicial review, if the need arises. Let this order be complied with within a maximum period of two months from the date of receipt/presentation of a copy of this order before the Commissioner. The application is disposed. KC ( Navin Sinha, J.)