SHASHI MOHAN THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Mishra, learned counsel for the petitioner and Mr. Hussain, learned Government Pleader No. II on behalf of the Respondents.

(2.) At this juncture it is necessary to mention that the Respondent no. 2, Dr.S.P. Seth, the Commissioner cum Secretary, Health Medical Education and Family Welfare, Bihar, Patna, has ventured to defend his action personally by addressing the court though learned G.P. 2 is present in court throughout to represent all the respondents. On the request made by the learned G.P. 2 this Court earlier granted time to file counter affidavit and the same has been filed today. When the Government Pleader was addressing the court, the Respondent no. 2 intervened by his gesture and on his request the learned Government Pleader prayed before the court to allow Dr. Seth to argue the case personally. Though this Court feels that it is a bad precedent, but considering the awkward position of Mr. Hussain, I allow Dr. Seth to defend his action in the facts and circumstances of the case.

(3.) in this application prayer has been made to direct the Respondent authorities to comply with the order dated 6.7.2000 passed by the Collector, Bhagalpur (Respondent no. 4) by which he has directed to deliver the possession of the land in question to the Revenue Department.