IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1055 of 2009 MD.INAMUL HAQUE, SON OF MD. HANIF, RESIDENT OF VILLAGE- WEST AZIMAGANJ,P.O. KHARAGPUR, P.S. KHARAGPUR, DISTRICT-MUNGER. -APPELLANT Versus 1. THE STATE OF BIHAR THROUGH THE DIRECTOR PANCHAYAT RAJ, BIHAR, PATNA. 2. THE COLLECTOR, MUNGER, 3. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, MUNGER, 4. ZILA PARISHAD THROUGH THE CHIEF EXECUTIVE OFFICER, MUNGER. -RESPONDENTS 1ST SET 5. MANKESHWAR PRASAD SINGH, SON OF GOPAL PRASAD, RESIDENT OF VILLAGE-SINGHPUR, P.S. HAVELI KHARAGPUR, DISTRICT-MUNGER. -RESPONDENT 2ND SET 3 18.08.2009 Issue notice to respondent no.5 by ordinary process in the admission matter indicating that the appeal shall be disposed of at the stage of admission. Requisites therefor must be filed within one week from today, failing which the appeal shall stand rejected without further reference to Bench. Rule is made returnable within four weeks. There shall be interim stay of the impugned order, in the meantime. (P.K. Misra, CJ.) (Shiva Kirti Singh, J) 2 Later on: After the earlier order no.3 was passed counsel for the writ petitioner appeared in Court and stated that he had not appeared to contest the matter during first hour and has submitted that LPA itself should be taken up for disposal. Counsel for the respondents submits that, as a matter of fact, impugned order has been passed on the basis of a concession made by the learned counsel for the present appellant. However, carefully going through the impugned order, we do not find that any specific concession has been categorically recorded. Be that as it may, we feel that the impugned order passed by the learned Single Judge need not be implemented and, on the other hand, the writ petition itself should be taken up for disposal at the stage of admission on the date fixed, that is to say, 21st August, 2009. In view of this there would not be any necessity of holding any auction on 19th August, 2009. The writ petition itself may be taken up for disposal on its merit in accordance with law. This order should not be construed as expressing any opinion on the merits of the contention of either side. 3 The LPA is, accordingly, disposed of. (P.K. Misra, CJ.) (Shiva Kirti Singh, J) AAhmad