IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.14661 of 2010
UMESH KUMAR SUMAN .
Versus
THE STATE OF BIHAR & ORS .
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2. 20.9.2010 Heard learned counsel for the petitioner and
the state.
Since the interest of respondent no. 12 are
sought to be adequately protected at this stage, the Court
does not consider it necessary to issue notice to him
while disposing off the writ petition since the Court has
declined interference with the impugned order at this
stage.
The petitioner is aggrieved by the order of the
District Magistrate, Madhubani dated
03.08.2010/6.8.2010/ 19.8.2010 by which he has set
aside the order of the Block Development Officer dated
20.5.2010 canceling the appointment of respondent
no.12.
Learned counsel for the petitioner submitted
that the District Magistrate has in fact opined that the
respondent no. 12 was a resident of Mumbai. He should
have called for a forensic report rather than to set aside
the order of the Block Development Officer. Reliance is
placed on an enquiry report dated 10.03.2010.
Counsel for the State submitted that at least
the first part of the order requires no interference.
This Court is satisfied that the finding of the
District Magistrate with regard to the petitioner being at
Mumbai for vocation and then returning home after
selection requires no interference. In so far as the second
ground with regard to the alleged defective application is
concerned, the District Magistrate has arrived at a
conclusion on conjectures and surmises. Having noticed
the issue, he should have proceeded in accordance with
law to the final culmination of a conclusive decision in
accordance with law after calling for a forensic report.
Only if the petitioner represents before the
District Magistrate within 30 days from today, let the
District Magistrate issue notice to the parties including
respondent no. 12 and then proceed to pass final
conclusive orders on the second aspect of the matter
preferably within a maximum period of three months
from the date of receipt / production of a copy of this
order
The orders impugned dated 03.08.2010/
06.08.1998/ 19.08.2010 shall not be an impediment in
the passing of a fresh order by the District Magistrate.
The writ application stands disposed.
P. Kumar ( Navin Sinha, J.)