IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.392 of 2009 REKHA KUMARI D/O LATE SUKHDEO PRASAD YADAV, R/O VILLAGE, P.O. & P.S.- MURLIGANJ, DISTRICT- MADHEPURA, ADDRESS IN WRIT- VILLAGE/P.O. FATEHPUR, P.S.- BEHARIGANJ, DISTRICT- MADHEPURA …………………..APPELLANT Versus 1. SMT.AMITA KUMARI W/O SRI GIRINDRA KUMAR, R/O VILLAGE & P.O. BABHANGAMA, P.S.- BEHARIGANJ, DISTRICT- MADHEPURA 2. THE STATE OF BIAHR 3. THE PRINCIPAL SECRETARY, HUMANRESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR,PATNA 4. THE DISTRICT MAGISTRATE, MADHEPURA 5. THE DISTRICT SUPERINTENDENT EDUCATION, MADHEPURA 6. THE BLOCK DEVELOPMENT OFFICER, BEHARIGANJ, DISTRICT- MADHEPURA 7. THE BLOCK EDUCATION EXTENSION OFFICER, BEHARIGANJ, DISTRICT- MADHEPURA 8. THE MUKHIYA, GRAM PANCHAYAT, BABHANGAMA BIHARIGANJ BLOCK, DISTRICT- MADHEPURA 9. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT BABHANGAMA, BEHARIGANJ BLOCK, DISTRICT- MADHEPURA ………………RESPONDNETS. ----------- 6 20/11/2009 Heard the parties. The appeal has been preferred against the judgment and order dated 13.2.2009 whereby writ petition bearing C.W.J.C. No. 8064 of 2007 preferred by respondent no. 1 has been allowed, admittedly without notice to the appellant, although she was respondent no. 9 in the writ petition and there is a finding indicated in the last sentence of the order under appeal that respondent no. 9 Rekha Kumari was appointed illegally and therefore, her appointment is cancelled. In our view, since the order under appeal adversely affects the appellant who was respondent no. 2 9 to the writ petition, it was necessary to issue notice and give an opportunity of hearing to the appellant before deciding the writ finally. Hence, without going into the merits of the case, we are persuaded to set aside the order only on the technicality of violation of natural justice and to remit the matter back to the writ court for hearing and deciding the matter on its own merits after giving opportunity of hearing to the appellant i.e. respondent no. 9 to the writ petition. Since the appellant is now aware about the pendency of the writ petition, so she must appear in the writ petition through her counsel within four weeks from today. Thereafter, the matter should be listed before appropriate Bench. The appeal is allowed to the aforesaid extent. (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.) avin