IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.97 of 2011
UDAY KUMAR
Versus
THE STATE OF BIHAR & ORS
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04/- 11/04/2011 Learned counsel for the appellant has placed before us
Paragraph no. 11 of the writ petition in support of his contention
that before passing the impugned order dated 15.12.2009, the
appellate authority, Nawadah never gave any notice for hearing
the appellant.
Learned counsel for the appellant submits that Arvind
Kumar, who had preferred appeal before the appellate authority,
was by mistake not made a party in the writ petition but he is a
necessary party and hence he may be permitted to be added as a
party in this appeal. Let, Arvind Kumar be added as a respondent
in this appeal, subject to any objection which he may take after
appearance as respondent no. 8.
In that view of the matter issue notice in the matter of
appeal, limitation petition as well as stay matter to Respondent
Nos. 5, 6, 7 & 8 as to why this appeal be not admitted or finally
disposed of at the time of admission stage itself, for which
requisites by ordinary process as well as by registered post with
acknowledgement due must be filed within ten days.
Let a copy of the memorandum of appeal, limitation
petition and stay petition be served in the office of Advocate
General, Bihar and receipt in proof of such notice must be filed in
the office by 15th April, 2011, failing which the memorandum of
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appeal as well as limitation petition shall stand dismissed without
further reference to a Bench.
Put up this matter after service of notice.
( Shiva Kirti Singh, J.)
Praveen/- ( Akhilesh Chandra, J.)