IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12322 of 2009 Dina Nath Sharma Versus The State Of Bihar & Ors 6/ 16/08/2011 Heard learned counsel for the petitioner and the State as also for private respondent No.7. The petitioner was aggrieved by denial of appointment on the post of Nyaya Mitra in pursuance of a panel prepared on 28.3.2008 for the Gram Kutchery, Siswa Bhumihar in which he figured at serial No.1 while appointment came to be granted to respondent No.7 at serial No.2. The writ petition was filed on 14.9.2009 and notice was issued to respondent No.7 on 5.10.2009. No counter affidavit has been filed either by the State or by respondent No.7. Learned counsel for the State submits that under the Bihar Gram Kutchery Nyaya Mitra (Appointment, Service Conditions and Duties) Rules, 2007, Rule-8 provides that the duration of the appointment of a Nyaya Mitra shall be co-terminus with the duration of the Gram Kutchery which is for five years. The term of the Gram Kutchery has expired and fresh elections have already been held. Any appointment of respondent No.7 by the erstwhile Gram Kutchery is therefore no more tenable and there can be 2 no claim of continuance on that basis by respondent No.7 or any other person and a fresh appointment has to be made. Learned counsel for the petitioner submits that the writ application may be disposed off in those terms. No submission is made on behalf of respondent No.7. The writ application stands disposed in terms of the submissions made on behalf of the State. KC ( Navin Sinha, J.)