Petitioner assailed an order non-considering his appeal by the local authority. The Court held that pendency of the writ would serve no useful purpose as the matter was pending before the appellate authority.
Direction to Respondent No. 4 to pass final orders on the pending appeal within four weeks of receipt of this order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 10446 of 2018
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Dhirendra Kumar Son of Hiralal Chaudhary, Resident of Village- Khemda, Barun, P.O. and P.S.- Barun, District- Aurangabad.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr Umesh Chandra Verma, Advocate For the Respondent/s : Mr Rakesh Kumar Ranjan, AC to GA V
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL ORDER
3 12-09-2022 Heard learned cousnel for the petitioner and the respondents.
The petitioner has assailed the order dated 14.12.2017 passed by the Sarpanch of Gram Katchahary, Barun in the district of Aurangabad in Appeal No 1 of 2018 (Annexure 11). Limited grievance is non-consideration of petitioner’s appeal.
In the above noted facts, pendency of the writ petition would serve no useful purpose since the matter is pending consideration before the appellate authority (Respondent No 4).
Writ petition is disposed of with a direction to
Patna High Court CWJC No.10446 of 2018(3) dt.12-09-2022 2/2
Respondent No 4 to pass final orders on the petitioner’s pending appeal in accordance with law, if the same has not been done till date.
Let the final order be passed within four weeks from the date of receipt/production of a copy of this order.
(Madhuresh Prasad, J)
M.E.H. /-
U
2 issues framed by the court
Whether the writ petition should be allowed in view of the pending appeal before the appellate authority.
Whether the respondent authority is directed to pass final orders promptly.
Dhirendra Kumar
State Of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
