IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12066 of 2009 MANOJ KUMAR MAHTO, SON OF KEDAR MAHTO, RESIDENT OF VILLAGE MADHUBANI, P.S. SANGRAMPUR, DISTRICT EAST CHAMPARAN----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. COLLECTOR, EAST CHAMPARAN AT MOTIHARI. 3. S.D.O., ARERAJ, EAST CHAMPARAN. 4. DISTRICT PANCHAYAT RAJ OFFICER, EAST CHAMPARAN, MOTIHARI. 5. BLOCK DEVELOPMENT OFFICER, SANGRAMPUR, DISTRICT EAST CHAMPARAN. 6. SARPANCH, GRAM PANCHAYAT, UTTARI MADHUBANI, P.S. SANGRAMPUR, DISTRICT EAST CHAMPARAN. 7. SHIVJI KUMAR, SON OF BHULAN SAHANI, RESIDENT OF VILLAGE MADHUBANI, P.S. SANGRAMPUR, DISTRICT EAST CHAMPARAN-----RESPONDENTS. ----------- 02. 14.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner was appointed as Secretary of the Gram Kachahri, North Madhubani within Sangrampur Block in the district of East Champaran, Motihari. He is aggrieved by the order, bearing Memo. No. 853 dated 14.8.2009, Annexure-10 to this application, whereunder his appointment has been cancelled in the light of the report of the Block Development Officer, Sangrampur dated 30.7.2008, which was considered by the District Magistrate, East Champaran, Motihari under his minutes dated 8.8.2009 in File No. 06-07/09 Part-3, notes 01-03/T dated 8.8.2009 and in the light of such minutes, Sarpanch has been directed to cancel the appointment of the petitioner and then to produce the relevant documents on 26.8.2009 so that process for appointment on the post may again be initiated. 3. It is submitted on behalf of the petitioner that the aforesaid order, as contained in Annexure-10 to this application has been - 2 - passed without appreciating the fact that a proceeding stood already initiated against the Sub-Divisional Officer, Areraj for considering the validity of the appointment of the petitioner in which directions were issued to the petitioner and the Sarpanch to appear but the said proceeding has become infructuous in the light of the order of the District Panchayati Raj Officer, East Champaran at Motihari contained in order dated 14.8.2009, Annexure-10 and as the appointment of the petitioner has been cancelled by the District Panchayat Raj Officer in compliance of the direction of the District Magistrate, East Champaran, he has no remedy before the original authority as the District Magistrate, East Champaran, Motihari has already applied his mind without even giving the petitioner opportunity of being heard. 4. Let the petitioner approach the District Magistrate, East Champaran at Motihari along with a certified copy of this order, the District Magistrate should thereafter consider his minutes dated 8.8.2009, which has been recorded in the File No. 06-07/09 Part-3, notes 01-03/T dated 8.8.2009 without giving the petitioner opportunity of being heard and if that be so then the order dated 14.8.2009, Annexure-10 be recalled by the District Magistrate, East Champaran at Motihari and the matter be heard again providing the petitioner opportunity of being heard and the matter be disposed of as - 3 - early as possible, in any case within one month from the date of receipt of the representation of the petitioner along with a certified copy of this order. 5. This writ application is, accordingly, disposed of. Arjun/ (V.N.Sinha, J.)