Dulari Devi And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.189 of 2015 Arising out of Civil Writ Jurisdiction Case No. 13403 of 2014 With Interlocutory Application No. 4504 of 2017 ===========================================================
1. Dulari Devi, Wife of Dashrath Manjhi resident of village Anant Mirjapur, P.O. And P.S.- Dighwara, District Saran at present Chairman of Nagar Panchayat, Dighwara, Saran,
2. Md. Maneer Kuraisi son of Late Md. Zakir Hussain resident of MohallahShankarpur Road, Dighwara, P.O. and P.S.- Dighwara, District- Saran (Bihar) .... .... .... Petitioners - Appellants
Versus
1. The State of Bihar
2. The Principal Secretary, Department of Urban Development and Housing, Government of Bihar, Patna
3. The Deputy Secretary-Cum-Director, Department of Urban Development and Housing, Government of Bihar, Patna
4. The District Magistrate Saran, District- Saran (Bihar)
5. The Deputy Development Commissioner-Cum-Special Officer, Zila Parishad, District- Saran at Chapra (Bihar)
6. The Deputy Collector, Chapra, District- Saran (Bihar)
7. The Block Development Officer, Dighwara, District- Saran at Chapra (Bihar)
8. The Zila Parishad through its Chairman, Zila Parishad, District- Saran at Chapra (Bihar)
9. The Chairman, Zila Parishad, District- Saran at Chapra (Bihar) .... .... Respondents - Respondents =========================================================== Appearance:
For the Appellant/s : Mr. Siya Ram Sahi and Mr. Manoj Kumar, Advocates.
For the Respondent/s :
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 29-06-2017 Dulari Devi is dead. She filed the Writ Application as well as the Letters Patent Appeal as a Chairman of the erstwhile Nagar Panchayat, Dighwara. Now a substitution petition, which is
Patna High Court LPA No.189 of 2015 dt.29-06-2017 2/2 I.A. No. 4504/2017, has been filed trying to bring in a new Chairman in place of Dulari Devi. The description of Dulari Devi does not indicate that she was pursing the matter for and on behalf of the Nagar Panchayat. As such, the substation petition, being I.A. No. 4504/2017, is rejected.
As a consequence thereof, the appeal has abated. If the Nagar Panchayat, Dighwara feels that they have a cause of action, they may take steps in accordance with law or legal advice.
(Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 30.06.2017 Transmission Date N/A