Amrita Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1237 of 2017 In Civil Writ Jurisdiction Case No. 20511 of 2012 ====================================================== Amrita Singh, Wife of Sri Mantosh Kumar, Resident of Village- Gaurapur, P.S.- Parasbigha, District- Jehanabad.

.... .... Appellant/s

Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Social Welfare Department, Patna.

3. The Director, ICDS, Bihar, Indra Bhawan, Patna

4. The District Collector, Jehanabad.

5. The D.P.O. Jehanabad.

6. The C.D.P.O., Jehanabad.

7. Malti Sinha, Wife of Sri Satendra Narayan Sinha, Resident of VillageGaurapur, P.S.- Parasbigha, District- Jehanabad. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sudhir Kumar, Adv. For the Respondent/s : Mr. Kaushal Kr. Jha-AAG-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 20-06-2018 Heard counsel for the appellant, counsel for the private respondent and the State.

Since the present appellant has already been appointed after removal of the private respondent who was writ petitioner some time in the year 2012 itself, therefore, she was necessary party and it was obligatory upon the private respondent to implead her as a respondent and hear her before allowing the writ application on 31.07.2017.

Patna High Court LPA No.1237 of 2017 (5) dt.20-06-2018 2/2 In view of the same, the impugned order dated 31.07.2017 is quashed and the matter is remanded back for fresh consideration after giving an opportunity of hearing to the present appellant i.e. namely Amrita Singh.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Devendra/Arjun U