Patna High CourtL.P.A/1414/2012dismissed

Birendra Chaubey And ORS v. The State Of Bihar And ORS

2015-04-17Mr. Justice Navaniti Prasad Singh,Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1414 of 2012 IN Civil Writ Jurisdiction Case No. 2154 of 2012 =================================================

1. Birendra Chaubey S/O Late Kamala Chaubey R/O VillageSaraya, P.S. And P.O.- Kateya, District- Gopalganj

2. Pitambar Yadav S/O Late Sitaram Yadav Resident Of VillageBhaluhin Dayaram, P.S.- Kateya, District- Gopalganj

3. Babulal Turha S/O Late Sahati Turha Resident Of VillageDhanauti, P.S. Kateya, District- Gopalganj .... .... Appellant/s

Versus

1. The State of Bihar, Through Chief Secretary Govt. Of Bihar, Patna

2. The Commissioner, Saran Division At Chapra

3. The District Magistrate, Gopalganj

4. Prabhunath Tiwari S/O Sri Shiv Prasad Tiwari R/O Village Ranipur, P.S. Kateya, District- Gopalganj .... .... Respondent/s =================================================== Appearance :

For the Appellants :

Mr. Satyendra Rai, Advocate Mr. Dinesh, Advocate For the Respondents :

Mr. Prabhakar Tekriwal, G.A. - 1 =================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) Date: 17-04-2015 Learned counsel for the appellants challenged before the learned Single Judge in the writ proceedings the Notification issued by the Government on 08.05.2001, whereunder Kateya Gram Panchayat was notified and

Patna High Court LPA No.1414 of 2012 dt.17-04-2015 included into Nagar Panchayat under the provisions of Bihar Municipal Act, 2007.

The learned Single Judge did not entertain the writ petition on the ground that the challenge to the Notification of the year 2001 was being made for the first time in the year 2012. Such a belated challenge, especially in respect of formation of local self-government, was not entertained and, in our view, rightly so.

In the twelve years passage, the entire administrative set-up is rearranged and municipal elections have been twice held. All that cannot now be set at naught. The learned Single Judge did not commit any wrong in dismissing the writ petition. This appeal is, accordingly, dismissed.

(Navaniti Prasad Singh, J.) (Jitendra Mohan Sharma, J.) Rajeev/NAFR U