IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.993 of 2011
In
Civil Writ Jurisdiction Case No. 12069 of 2010
With
Interlocutory Application No. 4548 of 2011
In
Letters Patent Appeal No.993 of 2011.
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Sahina Bano, daughter of Md. Kiyanuddin Ansari and wife of Naimuddin
Ansari, resident of Village - Matia, P.O. - Ranipatra, Earlier P.S. - Purnea
Sadar, Present P.S. Ranipatra Mufassil, District - Purnea
.... .... (Respondent no. 6) - Appellant
Versus
1. Bibi Shahnara Khatoon, daughter of Md. Sukruddin and wife of Abdul
Hakim, resident of Village - Matia, P.O. Raniptra, Earlier P.S. - Purnea
Sadar, Present P.S. Ranipatra Mufassil, District - Purnea
.... .... (Petitioner) - Respondent 1st set
2. The State of Bihar through District Magistrate, Purnea,
3. The Member, District Teachers' Appointment Appellate Authority at
Purnea,
4. The Block Development Officer, Purnea East Block within the District of
Purnea,
5. The Mukhiya of Dimia Chhatranjan Panchayat within Police Station
Sadar in the District of Purnea,
6. The Panchayat Sachiv of Gram Panchayat Dimia Chhatrajan within the
Sadar Police Station in the District of Purnea
........ (Respondent nos. 1 to 5) .... Respondents 2nd Set.
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Appearance :
For the Appellant/s : Mr. Gyanand Roy, Advocate.
For the Respondent no.1 : Mr. Arun Prasad Ambastha, Advocate.
For the State :
Mr. Rakesh Kumar Samrendra, SC 21 and
Mr. Bibhakar Tiwary, AC to SC 21.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
2 Patna High Court LPA No.993 of 2011 (3) dt.06-09-2011
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(Per: HONOURABLE THE CHIEF JUSTICE)
3 06-09-2011 With the consent of the learned Advocates, the Appeal is
heard and decided today.
Re. Interlocutory Application No. 4548 of 2011.
The delay of 216 days occurred in filing the Letters
Patent Appeal is condoned.
Interlocutory Application stands disposed of.
Re. Letters Patent Appeal No. 993 of 2011.
Feeling aggrieved by the order dated 13th August 2010
made by the learned single Judge in above CWJC No. 12069 of
2010, the respondent no. 6 has preferred the present Appeal.
Learned Advocate Mr. Gyanand Roy has appeared for
the appellant. He has submitted that the respondent no. 1 herein
had filed above CWJC No. 12069 of 2010 against the judgment
and order dated 27th April 2010 passed by the District Teacher
Employment Appellate Authority, Purnea on appeal preferred by
the present appellant. The appellant, therefore, was a necessary
party to the writ petition. The appellant was impleaded as
respondent no. 6 in the writ petition. However, the impugned order
was made without affording opportunity of hearing to the
appellant. No notice was issued upon the appellant.
The facts stated hereinabove are not disputed.
The impugned order dated 13th August 2010 having been
made in violation of principles of natural justice, the same requires
to be set aside.
Appeal is allowed. The impugned order dated 13th
August 2010 made by the learned single Judge in above CWJC
No. 12069 of 2010 is set aside.
CWJC No. 12069 of 2010 is revived and remitted to the
3 Patna High Court LPA No.993 of 2011 (3) dt.06-09-2011
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learned single Judge for hearing and decision afresh.
Learned Advocate Mr. Gyanand Roy appearing for the
appellant assures the Court that he shall file Vakalatnama on
behalf of the respondent no. 6 in the writ petition within two
weeks from today. He shall also appear before the learned single
Judge as and when the matter is notified. No notice against the
respondent no. 6 is, therefore, necessitated.
The respondent no. 6 will file counter affidavit, if any,
within three weeks from today.
Parties will bear their own cost.
(R.M. Doshit, CJ)
(Birendra Prasad Verma, J)
Dilip.