Dismissed

The Mukhiya Cum Chairman,panchayat Niyojan Samittee v. The State Of Bihar and Ors.

Patna HC19 Dec 2016CWJC/16250/2012

Case brief

AI extract

What is this about?

The petitioner, Mukhiya cum Chairman, prayed for adjournment and challenged an authority's order. The court dismissed the petition noting the petitioner's death without substitution and lack of locus standi.

What did the court decide?

The writ petition stands dismissed on the grounds of death of petitioner without substitution and lack of locus standi.

The Mukhiya Cum Chairman,panchayat Niyojan… — Pension and Retirement Benefits | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.16250 of 2012

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The Mukhiya cum Chairman, Panchayat Niyojan Samittee, Gram Panchayat Talimpur, Block Madhuban, District East Champaran through Uma Shankar Ram, R/O Talimpur P.S. Madhuban Distt - East Champaran

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.... .... Petitioner

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Versus

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The State Of Bihar

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The Principal Secretary, Education Department, Government of Bihar, Patna

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The District Magistrate, East Champaran, Motihari

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The Block Development Officer, Block Madhuban, East Champaran

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The Panchayat Secretary, Gram Panchayat Talimpur, Block Madhuban, East Champaran

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The Headmaster, Government Primary School, Talimpur, Madhuban, East Champaran

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Madhuri, Wife of Raman Kumar Singh, D/O Lallan Prasad Singh, resident of village - Talimpur, P.S. Madhuban, District - East Champaran, Motihari

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.... .... Respondents

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=========================================================== Appearance :

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For the Petitioner : Mr. Ashutosh Kr. Jha,

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Mr. Sanjay Kr. Tiwari

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Mr. Arbind Kumar Singh, Advocates For the Respondents : Mr. Nawal Kishore Singh, AC to GP 26 For Respondent No.7 : Mr. Rajeev Kumar Singh, Advocate

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=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 19-12-2016

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A prayer is made on behalf of the petitioner for further adjournment for making alternative arrangement in view of Mr. Raghwanand, learned counsel who had earlier filed Vakalatnama in this case, having been engaged as Law Officer of the State.

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Learned counsel for the respondents vehemently opposes the prayer for adjournment.

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Learned counsel for the private respondent no. 7 refers to I. A. No. 7717 of 2015 filed on 14.09.2015 wherein it has been

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Patna High Court CWJC No.16250 of 2012 dt.19-12-2016

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stated that the petitioner has died on 29.10.2014 itself and it is therefore submitted that the writ petition is not maintainable. A further preliminary objection is raised on the maintainability of the writ petition at the instance of the Mukhiya-cum-Chairman, Panchayat Niyojan Samittee, Gram Panchayat challenging the order dated 7^th of October, 2010 passed by the District Teachers’ Employment Appellate Authority, East Chamaran at Motihari. The said issue is squarely covered by a judgment of the Division Bench of this Court in Sangeeta Kumari Yadav Vs. The State of Bihar & Ors. : 2015(3) PLJR 503 .

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It appears from the record that the facts stated in I.A. No. 7717 of 2015 have not been denied as no affidavit has been filed on behalf of the petitioner controverting such averments. The petitioner was granted sufficient opportunity to make alternative arrangement for representation of the case in pursuance of order dated 25.10.2016 but no action appears to have been taken in that behalf.

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In the above view of the matter, considering that the petitioner has died on 29.10.2014 and no petition for substitution of his legal heirs has been filed even after more than two years of his death, the present writ petition at the instance of the petitioner cannot be maintained. Moreover, having regard to the decision in Sangeeta Kumari Yadav (supra) categorically holding that the Mukhiya has no locus standi to challenge an order of the District Teachers’

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Patna High Court CWJC No.16250 of 2012 dt.19-12-2016

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Employment Appellate Authority, it must be held that the present writ petition is not maintainable on this score as well.

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The writ petition accordingly stands dismissed.

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B.T/Chandran

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(Vikash Jain, J)

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AFR/NAFR	NAFR
CAV DATE	N.A.
Uploading Date	23.12.2016
Transmission Date	N.A.

The Mukhiya Cum Chairman,panchayat Niyojan Samittee v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

The Mukhiya Cum Chairman,panchayat Niyojan Samittee v. The State Of Bihar and Ors.

Case brief

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What did the court decide?

What the court decided

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