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Patna High CourtL.P.A/1804/2017dismissed

Rekha Kumari v. The State Of Bihar And ORS

2018-06-29Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1804 of 2017 In Civil Writ Jurisdiction Case No.13909 of 2017 ====================================================== Rekha Kumari wife of Santosh Kumar Resident of village - Dakaria, P.S. Nawada Muffasil, District - Nawada, presently Member of Zila Parishad, Nawada, District - Nawada.

... ... Appellant

Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Bihar, Patna.

2. The Addl. Secretary, Panchayati Raj Department, Bihar, Patna.

3. The Director, Panchayati Raj Department, Bihar, Patna.

4. The District Magistrate, Nawada.

5. Zila Parishad Nawada through it's Chief Executive Officer.

6. The D.D.C.-cum-the Chief Executive Officer, Zila Parishad, Nawada.

7. Bina Devi wife of Sri Vinay Kumar Singh Resident of Village/P.O. - Samai, P.S. - Muffasil, District - Nawada.

8. Saroj Devi wife of Sri Rabindra Yadav Resident of village - Gopalpur, P.S. - Rajauli, District - Nawada.

9. Priti Kumari wife of Laxman Kumar Chouhan Resident of village - Beldari Pachamba, Prakhand/P.S. Sirdala, District - Nawada.

10. Premchand Kumar son of Sri Jehal Prasad Resident of Village - Dhodhra, P.O/P.S. - Meskaur, District - Nawada.

... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr. Anita Kumari For the Respondent/s :

Mr. Ajay -Ga5 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 29-06-2018 Heard counsel for the appellant and counsel for the State.

This Court is not satisfied after perusing I.A. No. 9257 of 2017 that the present appeallant was a necessary party in the adjudication so made by the learned single Judge and such non-impleadment goes to the root of the appeal.

Patna High Court LPA No.1804 of 2017(2) dt.29-06-2018 2/2 I.A. No. 9257 of 2017 is dismissed.

As a consequence thereof, the limitation petition, the stay petition and the memo of appeal all stand dismissed. (Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) Pawan/- U