IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.320 of 2007 BINOD KUMAR Versus JATA SHANKER JHA & ORS ----------- For the appellants : Mr. Basant Kumar Choudhary, Senior Advocate Mr. Anil Kumar Singh, Advocate For the respondent no.1 : Mr. Rajendra Pd. Singh, Senior Advocate Mr. Kripa Nand Jha, Advocate For the respondents No.2 & 3: Mr. Pursuhottam Jha, Advocate For the intervenor respondent: Mr. B.N.P.Singh, Advocate ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 21st July, 2008. We heard the senior counsel for the appellant. 2. During the course of motion hearing, Mr. Rajendra Prasad Singh, the senior counsel for the respondent no.1 invited our attention to the order dated 30th June, 2008 passed in LPA No.43 of 2008 (The Madhubani, Municipality & anr Vs. Mr. Jata Shankar Jha & Ors). That LPA No.43 of 2008 at the instance of Madhubani Municipality & anr was against the order impugned before us in this appeal is not in dispute. 3. The senior counsel for the appellant submits that he is not aware of the order dated 30th June, 2008. When the copy of order dated 30th June, 2008 was shown to him, he admitted that it relates to - 2 - the same controversy and arises from the impugned order. 4. In this view of the matter, we are satisfied that this appeal is liable to be dismissed as the appeal preferred by the Madhubani Municipality & anr challenging the order impugned in the present appeal has already been dismissed vide order dated 30th June, 2008. 5. Order accordingly. R.M. Lodha, CJ. Kishore K. Mandal, J. Sunil