IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11813 of 2010 1. MANOJ KUMAR SINGH S/O BRIJ LAL SINGH R/O ARNA, P.S. UCHKAGAON, DISTT.- GOPALGANJ 2. MANI PRATAP SINGH S/O SRI KAMESHWAR SINGH R/O VILL.- KAPARPURA, P.S. UCHKAGAON, DISTT.- GOPALGANJ---------------------------------- PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH THE DIRECTOR PANCHAYATI RAJ BIHAR, PATNA 2. THE DISTRICT MAGISTRATE, GOPALGANJ 3. THE PANCHAYAT SECRETARY (PANCHAYAT SACHIV) PANCHAYAT RAJ LUHSHI, P.S. UCHKAGAON, DISTT.- GOPALGANJ 4. THE MUKHIYA OF GRAM PANCHAYAT RAJ LUHSHI, P.S. UCHKAGAON, DISTT.- GOPALGANJ-----RESPONDENTS ----------- 4 6.12.2010 Heard learned counsel for the parties. Annexure-9 is the order passed by the District Appellate Tribunal of Gopalganj which has held the appointment of the petitioner to be valid. However the District Magistrate, Gopalganj sitting in kind of appeal over the said order has issued annexure-10. this order is now been challenged by the petitioner in the writ application on many a grounds including the primary submission is that the District Magistrate, Gopalganj had no authority or jurisdiction to exercise over the District Appellate Authority. Learned counsel for the petitioner further presses into service a decision rendered in identical situation in the case of Mithlesh Kumar Singh & Ors. vrs. The State of Bihar & ors. which is CWJC No. 11148 of 2010. In its order dated 13.9.2010 which has been - 2 - annexed as annexure-11 it has been held that the District Magistrate –cum-Collector of the district has no power of superintendence over the appellate tribunal. In view of the ratio of the said decision coupled with the failure of the counsel for the State to show any law on the issue, the District Magistrate cannot exercise any power of superintendence over appellate tribunal. Annexure-10 is beyond jurisdiction and has to be interfered with. This writ application is allowed. Annexure-10 dated 7.6.2010 is hereby quashed. RPS (Ajay Kumar Tripathi,J.)