IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1138 of 2010 IN CIVIL WRIT JURISDICTION CASE No. 4479 of 2010 WITH INTERLOCUTORY APPLICATION No. 6342 OF 2010 WITH INTERLOCUTORY APPLICATION No. 6343 OF 2010 IN LETTERS PATENT APPEAL No. 1138 OF 2010 ==================================================== 1. The State of Bihar through the Principal Secretary Panchayat Raj Department, Bihar, Patna 2. The Principal Secretary, Panchayat Raj Department, Bihar, Patna 3. The District Magistrate, Buxar 4. The Block Development Officer, Nawanagar, Distt.- Buxar. …. …. Respondents-Appellants Versus 1. Anil Kumar Chaubey S/O Onkar Nath Choubey R/O Vill. + P.O.- Parmanpur, P.S.- Nawanagar, Distt.- Buxar, Bihar. …. …. Writ petitioner-Respondent ==================================================== Appearance: For the appellants: Mr Ray Shivaji Nath, AAG IV and Mr Ray Saurabh Nath, AC to AAG IV. For the respondent: Mr Jitendra Singh, Sr. Advocate and Mr Satyabir Bharti, Advocate. ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR JUSTICE JYOTI SARAN ORAL ORDER (Per : HONOURABLE THE CHIEF JUSTICE) 4. 9.8.2010. Heard the learned Advocates. This appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 21st April 2010 passed by the learned single Judge in C.W.J.C. No. 4479 of 2010. - 2 - By the impugned judgment the learned single Judge has set aside the action of the State Government in removing a duly elected Mukhiya of Parmanpur Gram Panchayat, District-Buxar in exercise of power conferred by Section 18(5) of the Bihar Panchayati Raj Act, 2006. The learned single Judge has recorded the finding that exercise of power under Section 18(5) of the Act was not justified. We have heard the learned Advocates extensively. No case for interference is made out. The Appeal is dismissed in limine. Interim applications stand disposed of. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)