IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.7578 of 2010
1. BIBI MEHJABI W/O MD. SHARIF R/O VILL.- KUJARI, P.S.
PALASI, DISTT.- ARARIA
Versus
1. THE STATE OF BIHAR
2. THE DISTRICT MAGISTRATE, ARARIA
3. THE DISTRICT WELFARE OFFICER CUM THE DISTRICT
PROGRAMME OFFICER, ARARIA
4. THE CHILD DEVELOPMENT PROJECT OFFICER, PALASI ARARIA
5. THE MUKHIA, GRAM PANCHAYAT RAJ KUJARI, BLOCK+P.S.
PALASI, DISTT.- ARARIA
6. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ KUJARI
BLOCK+P.S. PALASI, DISTT.- ARARIA
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02. 16.09.2010 Learned counsel submits that the order of
termination by the District Programme Officer is dated
17.2.2009 prior to the decision dated 16.2.2010 in
L.P.A. No. 863 of 2009 holding that the District
Magistrate alone was competent to decide.
Learned counsel for the State submits that
in that event, appeal would lie before the District
Magistrate.
Learned counsel for the State appears
correct in his submission. In the nature of the
controversy principles of prospective overruling shall
apply otherwise an anomalous proposition shall be
created in law by a pronouncement on a question of
law with retrospective effect. It shall automatically
result in annulment of all orders passed prior to
16.2.2010, even though it may have been confirmed by
the then appellate authority or possibly by this Court.
2
This Court has already held so in some of its
earlier orders.
If the petitioner files an appeal before the
District Magistrate within 30 days from today, let the
same be considered and disposed off after hearing all
concerned by a reasoned and speaking order within a
maximum period of four months from the date of
receipt/production of such memo of appeal without
going into the issues of limitation.
The application stands disposed.
P.K. ( Navin Sinha, J.)