The Chairman, Nagar Panchayat, Thakurganj v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2132 of 2015 IN Civil Writ Jurisdiction Case No. 12493 of 2013 ===========================================================

1. The Chairman, Nagar Panchayat, Thakurganj, District Kishanganj .... .... Appellant/s

Versus

1. The State of Bihar through the Collector, Kishanganj

2. The District Board through the Chief Executive Officer, Kishanganj

3. The Deputy Development Commissioner Cum the Chief Executive officer, Kishanganj

4. The Nagar Panchayat through the Block Development officer - Cum - Executive Officer, Thakurganj, Kishanganj

5. The Circle Officer, Thakurganj, Kishanganj

6. Niranjan Mantri S/o Late Durga Prasad Mantri R/o Mantri BHawan, Opposite Police Station P.S. Thakurganj, District - Kishanganj .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Bindhyachal Singh For the Respondent/s : Mr H. P.Singh, Sr. Advocate Mr Satish Kumar Sinha Mr AC to AAG 15 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 18-05-2017 Heard counsel for the appellant and counsel for the respondents.

The argument is only being made for the argument sake for the reason that the learned Single Judge after considering the history of the litigation, the so-called compromise, which had been entered between the District Board and the private respondent and the Nagar Panchayat being successor in interest of the District Board,

Patna High Court LPA No.2132 of 2015 dt.18-05-2017 2/2 which had been given due recommendation and seal of judicial approval in an earlier Division Bench decision, the decision of the learned Single Judge to quash the second notice, which was issued on 05.07.2013 by the Nagar Panchayat, that too without proper opportunity of hearing, was absolutely correct decision in law. The Court fails to understand as to what is resistance for on behalf of Nagar Panchayat in giving an opportunity of hearing to the private respondent and taking a decision in accordance with law or even without law. The ball is now in the court of Nagar Panchayat. Nothing more is required to be done so far as the appeal is concerned. Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) sk AFR/NAFR NAFR CAV DATE NA Uploading Date 19.5.2017 Transmission Date NA