Government functionaries must discharge their duties effectively and act responsibly to avoid burdening the court with unwanted litigations.

S.K.Katriar, J.

1. Mr. Sanjay Singh, learned Standing Counsel No. IX is present along with the Chief Secretary, Government of Bihar, Secretary, Department of Revenue and Land Reforms, Government of Bihar Patna, the District Magistrate, Chapra (Saran), D.D.C. Purnia on behalf of District Magistrate, Purnia, Additional District Magistrate, Kishanganj, on behalf of District Magistrate, Kishanganj, Block Development Officer-cum-Circle Officer, Kishanganj and Circle Officer, Marhowrah, Saran.

2. A large number of writ petitions have been coming up before this Court wherein the basic issues are common. In fact, a large number of such writ petitions are today listed before me along with the present writ petition. In view of the general nature of such issues affecting administration of justice in this state in general and this Court in particular, I am dealing with those issues collectively in one of them. My observations hereinbelow are based on the cases that have been placed before me for adjudication from time to time.

3. There are a large number of enactments in this State which confer quasi-judicial powers on different functionaries of the State for effective disposal of the lis thereunder. Most of such legislations relate to land laws which are administered by the Department of Revenue and Land Reforms, apart from some other legislations like Motor Vehicles Act, Bihar Excise Act, Registration Act etc. Failure and/or disinclination on the part of the various functionaries vested with such quasi-judicial powers to hold their Courts punctually and diligently are giving rise to a large number of most unwanted writ petitions in this Court. In fact, the situation is so alarming that most of them do not hold Courts for months together. A large number of writ petitions are being filed in this Court for a direction to one or the other quasi-judicial authority to dispose of the main matter pending before him within a fixed period. Recently I dealt with a writ petition seeking a direction to the Anchal Adhikari to submit his report to the Collector called for by the latter where the main matter is pending. Few writ petitions are also filed for-a direction to the authorities to issue certified copies of the orders. I have discussed facets of some of these problems in my earlier orders which are indicated hereinbelow by way of illustration :

(i) Order dated 17.9.2001, passed in CWJC No. 11462 of 2001 Gyananand Choudhary V/s. The State of Bihar and Ors.;

(ii) Order dated 21.3.2002, passed in CWJC No. 2603 of 2002 Kundan Kumar Singh V/s. State of Bihar and Ors.;

4. The Minister for the Department of Revenue and Land Reforms, Government of Bihar, is the prescribed authority u/s. 45-B of the Bihar Land Ceiling Act. It appears to me in view of the prayers made in a large number of cases coming up before this Court that the present incumbent in the office (the prescribed authority) is not discharging his duty u/s. 45-B of the said Act in the appropriate manner giving rise to most unwanted writ petitions in this Court of the nature stated in the paragraph above. He does not seem to hold his Court, and if he does, it only results in adjournment of cases. The Chief Secretary submits that he has taken note of the situation and states that he shall place an appropriate note before the Minister for proper and effective discharge of the duties under the said provision of law. The prescribed authority should keep in mind the scope and ambit of sec. 45-B of the Act which I had the occasion to deal with in my judgment dated 2.9.2003 in CWJC No. 2983 of 2003 Sunil Kumar alias Sunil Kumar Singh V/s. The State of Bihar, since reported in 2003 (4) Patna Law Journal Reports 719.

5. Another important aspect of the matter obstructing the administration of justice is the repeated and persistent failure on the part of Government functionaries to file or, if filed, inadequate and unsatisfactory, counter affidavits. This Court is giving particular emphasis to