The High Court disposed of two Letters Patent Appeals relating to the removal of a Mukhiya. The court held the appeals infructuous due to subsequent fresh elections in 2011 and 2016, as the impugned orders were from 2009.
Both Letters Patent Appeals were disposed of as they had become infructuous following fresh elections.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.51 of 2011
IN
Civil Writ Jurisdiction Case No. 6169 of 2009
=========================================================== Vijay Kumar Prasad, S/O Late Asharfi Lall Sah, Resident of Village Madhopur, P.S. Barauli, District Gopalganj, Mukhiya of Madhopur Gram Panchayat, Barauli, Gopalganj.
.... .... Appellant/s
Versus
.... .... Respondent/s
With
===========================================================
Letters Patent Appeal No. 170 of 2011
IN
Civil Writ Jurisdiction Case No. 6169 of 2009
===========================================================
Dharmendra Kumar Krantikari, son of Vijay Kumar Prasad, resident of Village Madhopur, P.S. Barauli, District Gopalganj
.... .... Appellant/s
Versus
Patna High Court LPA No.51 of 2011 dt.01-08-2016
2/3
.... .... Respondent/s
=========================================================== Appearance : For the Appellant/s : Mr. For the State : Mr. Manoj Kumar Ambastha, SC-26
Mr. Subodh Kumar, AC to SC-26
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CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH and
HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) Date: 01-08-2016
No one appears for the appellants. Counsel for
the State is present.
These two letters patent appeals, in our view, have become infructuous, inasmuch as, they related to removal of Mukhiya in terms of Section 18(5) of the Bihar Panchayat Raj Act, which orders were passed by the State in the year 2009, thereafter there has been fresh elections of Mukhiya in the year 2011 and then recently in the year 2016. These two letters patent appeals have out-lifted its utility and have become infructuous as such.
Patna High Court LPA No.51 of 2011 dt.01-08-2016
3/3
Both the appeals are disposed of accordingly.
(Navaniti Prasad Singh, J.)
(Nilu Agrawal, J.)
Arjun/Rajesh
U
Vijay Kumar Prasad and Others
The State of Bihar and Others
Navaniti Prasad Singh
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
