High Court Patna High Court - Orders

Bipin Kumar Thakur vs The State Of Bihar & Ors on 30 June, 2011

Patna High Court – Orders
Bipin Kumar Thakur vs The State Of Bihar & Ors on 30 June, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CWJC No.3073 of 2008
                 BIPIN KUMAR THAKUR, S/O SHRI VISHWANATH
                 THAKUR, R/O VILLAGE-SAIDANPUR, P.O.-KHANJAHAN
                 CHAK, P.S.-LALGANJ, DISTRICT-VAISHALI.
                                              ...............PETITIONER.
                                     Versus
                 1. THE STATE OF BIHAR.
                 2. THE DEPUTY DEVELOPMENT COMMISSIONER,
                 VAISHALI.
                 3. THE BLOCK DEVELOPMENT OFFICER, LALGANJ,
                 DISTRICT-VAISHALI.
                 4. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT
                 RAJ SARARIYA, PRAKHAND-LALGANJ, DISTRICT-
                 VAISHALI.
                 5. SHRI SHASHI RANJAN SAH, S/O SHRI RAM BILAS
                 SAH, R/O VILLAGE-SAIDANPUR, PANCHAYAT RAJ-
                 SARAIYA, PRAKHAND-LALGANJ, DISTRICT-VAISHALI.
                                            ..................RESPONDENTS.
                               -----------

2 30.06.2011 Petitioner has challenged the order of

the Deputy Development Commissioner (for

short ‘D.D.C.’), as contained in Annexure-1,

on the ground of jurisdiction.

However, since the petitioner has a

remedy before the statutory Appellate

Authority constituted under the Rules, this

Court considers it appropriate for him to

approach the Appellate Authority for

ventilating his grievances. If he does so

within four weeks, the Appellate Authority

shall issue notice to all the concerned

parties, hear them and pass appropriate

orders in accordance with law, preferably

within a period of two months from the date
2

of receipt/production of a copy of this

order.

Only for the purposes of consideration

of the matter on merits by the Appellate

Authority, without being prejudiced by the

impugned order of the D.D.C., the same is set

aside. However, respondent no.5 whose

appointment was found valid by the D.D.C. by

the impugned order shall not be disturbed

from functioning, if he has already joined

pursuant to the same, till final orders are

passed by the Appellate Authority.

Arvind/                          ( J. N. Singh,J.)