IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7720 of 2009 1. NILAM DEVI @ NILAM KUMARI, WIFE OF SRI AJAY PRASAD SINGH, R/V RAGHUNATHPUR, P.O. BARAON, P.S. NOKHA IN THE DISTRICT OF ROHTAS. 2. ABHAY KUMAR, SON OF SRI DADAN SINGH, R/V RUPIPUR, P.O. ROPHATAKA, P.S. NOKHA IN THE DISTRICT OF ROHTAS-----PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE DIRECTOR, PANCHAYAT RAJ, GOVT. OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, CUM-COLLECTOR, ROHTAS AT SASARAM. 4. THE DISTRICT PANCHAYAT RAJ OFFICER, ROHTAS. 5. THE BLOCK DEVELOPMENT OFFICER, NOKHA IN THE DISTRICT OF RAHTAS AT SASARAM. 6. THE GRAM KACHAHRI, DACHHNI BARAON, THROUGH ITS SARPANCH UNDER DACHHANI BARAON GRAM PANCHAYAT UNDER NOKHA BLOCK IN THE DISTRICT OF ROHTAS. 7. THE GRAM KACHAHARI, HATHINI THROUGH ITS SARPANCH UNDER HATHINI GRAM PANCHAYAT IN NOKHA BLOCK IN THE DISTRICT OF ROHTAS. 8. SUNITA KUMARI, WIFE OF SAROJ KUMAR, RESIDENT OF VILLAGE SHIVPUR, P.O. KHARARI, P.S. NOKHA IN THE DISTRICT OF ROHTAS. 9. RAGHUNATH RAM, SON OF SRI BHEEM RAM, R/V ROPHATTA, P.O. ROPHATA, P.S. NOKHA IN THE DISTRICT OF RAHTAS AT SASARAM----RESPONDENTS. ----------- 02. 09.07.2009 Heard learned counsel for the petitioners and the State. 2. Petitioners were appointed as Secretary of the Gram Kutchery. Their appointment has been cancelled under order bearing memo No. 7 dated 5.6.2009, Annexure-1 passed by the Block Development Officer, Nokha. 3. It is submitted on behalf of the petitioners that having illegally cancelled the appointment of the petitioners, the authorities further proceeded to appoint private respondent nos. 8 and 9, though their date of birth as recorded in the matriculation certificate and the Madhyama certificate are two different dates and it is difficult for any body to know as to which is their actual date of birth. 4. This writ application is disposed of with direction to the petitioner to file appeal against the order dated 5.6.2009, Annexure-1 - 2 - before the District Magistrate, Rohtas at Sasaram. Any limitation in filing the appeal which may have arisen in the meanwhile be condoned by the District Magistrate, Rohtas at Sasaram provided the appeal is filed within one month from today along with a copy of this order. The District Magistrate should dispose of the appeal as early as possible, in any case within one month from the date of receipt of the memo of appeal. Rajesh/ (V.N.Sinha, J)