IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.897 of 2011 IN Civil Writ Jurisdiction Case No. 5282 of 2011 WITH Interlocutory Application No. 3979 of 2011 IN Letters Patent Appeal No.897 of 2011 ====================================================== Arjun Singh, son of Radhey Singh, Resident of village-Tajganj Gasiya, P.O. Tingachhia, P.S. Katihar, District-Katihar. .... .... Appellant Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary, Urban Development Department, Government of Bihar, Patna. 3. The Joint Secretary, Urban Development Department, Government of Bihar, Patna. 4. The District Magistrate, Katihar, District-Katihar. 5. The Executive Officer, Katihar Nagar Parishad, Katihar, District- Katihar. .... .... Respondents ====================================================== Appearance : For the Appellants : Mr. Shashi Bhushan Kumar Mangalam, Advocate For the Respondents : Mr. Subhash Pd. Singh, GA-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) Patna High Court LPA No.897 of 2011 (3) dt.22-06-2011 2 / 3 2 3. 22-06-2011 This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the order dated 3rd May 2011 made by the learned single Judge in above C.W.J.C. No. 5282 of 2011. In the above writ petition, the appellant has challenged the constitution of Katihar Municipal Corporation under Government Notification dated 1st July 2009. Though, the petitioner has challenged the constitution of Municipal Corporation, the Municipal Corporation was not impleaded as party-respondent. The learned single Judge, therefore, dismissed the writ petition on the ground of non-joinder of necessary party. Therefore, the present appeal. We do agree with the learned single Judge that the Katihar Municipal Corporation was a necessary party in the writ petition. We have also noticed that the petitioner has impleaded Katihar Nagar Parishad as respondent no.5 although the Katihar Nagar Parishad stood dissolved by operation of law on constitution of the Katihar Municipal Corporation. Learned advocate Mr. Mangalam appears for the appellant. He agrees that the petitioner shall delete the respondent no.5, the Executive Officer, Katihar Nagar Parishad, Katihar, District-Katihar, from the cause title of the writ petition and will impleade the Katihar Municipal Corporation as party-respondent. He also seeks leave to delete the respondent no.5, Katihar Nagar Parishad, from the cause title of this Appeal and the Interlocutory Application. Leave is granted. The respondent no.5, the Executive Officer, Katihar Nagar Parishad, Katihar, District-Katihar, be deleted from the Patna High Court LPA No.897 of 2011 (3) dt.22-06-2011 3 / 3 3 cause title of the Letters Patent Appeal and the Interlocutory Application. In view of the above statement made by the learned advocate Mr. Mangalam this appeal is allowed. The impugned order dated 3rd May 2011 made by the learned single Judge in above C.W.J.C. No. 5282 of 2011 is set aside. C.W.J.C. No. 5282 of 2011 is remitted to the learned single Judge for hearing on merits. The appellant-writ petitioner is permitted to delete the respondent no.5, the Executive Officer, Katihar Nagar Parishad, Katihar, District-Katihar, from the cause title of the writ petition. The appellant-writ petitioner is permitted to impleade Katihar Municipal Corporation as party-respondent no.6 to above C.W.J.C. No. 5282 of 2011. The amendment, as directed, will be carried out within two weeks from today. Subject to the above direction the Appeal and the Interlocutory Application stand disposed of. Pawan/- (R.M.Doshit, CJ) (Birendra Prasad Verma, J)