IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3940 of 2011
SHAILENDRA KUMAR SINGH .
Versus
THE STATE OF BIHAR & ORS .
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2/ 25/04/2011 Learned counsel for the petitioner is permitted to
add the name of the officer concerned holding dual post of
Respondent No.2 and 3.
Learned counsel for the petitioner submits that
the impugned order dated 12.1.2011 has been passed by
the Executive Officer, Nagar Parishad, Dehri on Sone, who
is himself a tenant in the house of Respondent No.5. He
therefore submits that bias cannot be ruled out apart from
the submission that justice must not only be done, but it
should appear also to be done.
Prudence dictates that the Officer named in the
cause title holding the dual charge of Respondent Nos.2
and 3 as a tenant of Respondent No.5 should not have
heard the matter in the inter se dispute between the
petitioner and Respondent No.5.
Issue notice to Respondent No.5 both, under
registered cover with A.D. and by ordinary process,
requisites etc. for which must be filed within one week
failing which the application shall stand rejected without
further reference to a Bench.
List on report of service by either mode.
2
Let the State also file its counter affidavit in the
matter.
In the meantime, status quo shall be maintained
with regard to the order dated 12.1.2011.
KC ( Navin Sinha, J.)