IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL NO.1393 of 2009 In CIVIL WRIT JURISDICTION CASE NO.11789 OF 2009 WITH INTERLOCUTORY APPLICATION NO.6979 OF 2009 In LETTERS PATENT APPEAL NO. 1393 OF 2009 = = = = = = = = = = = = = = = = = = = = = = = = = = Mithilesh Kumar, Son of Sri Ram Prasad Mahto a resident of Village-Nande Nagar P.O.-Jamudia, Distt-Madhubani at present Sarpanch of Gram Kachahari Kachhua P.S. Lakhanpur, Distt- Madhubani ---- Respondent-Appellant Versus 1. Nutan Kumari W/O Sri Ravindra Nath Jha a resident of Village-Kachhua, P.S. Lakhanpur, Dsitrict-Madhubani --- Petitioner- Respondent Ist Set. 2. The State of Bihar. 3. The Director, Panchayat Raj Department, Government of Bihar, Patna. 4. The District Magistrate Madhubani. 5. The District Panchayat Raj Officer, Madhubani 6. The Block Development Officer, Lakhanpur Distt.Madhubani 7. The Panchayat Secretary-cum-Nodal Officer, Gram Kachhari, Lakhanpur, District-Madhubani. ---- Respondents--- Respondents 2nd Set. Appearance = = = = = = = = = = = = = = = = = = = = = = = = MR NIKESH KUMAR for the Appellant MR BIJAY BHUSHAN PRASAD for the Respondents. MR BAIDYA NATH THAKUR for Respondent no.1 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR.JUSTICE S.K.KATRIAR 2 Date 8/7/2010 ORAL ORDER (PER: HONOURABLE THE CHIEF JUSTICE) ORDER IN INTERLOCUTORY APPLICATION This Application under Section 5 of the Limitation Act is made by the appellant for condonation of delay of 4 days occurred in filing of the Letters Patent Appeal No. 1393 of 2009. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. Order in Letters Patent Appeal With the consent of the learned Advocates the Appeal is taken up for final hearing. This Appeal has been preferred by the Sarpanch of the Gram Kachhari Kachhua district Madhubani under Clause 10 of the Letters Patent against the order dated 10th September 2009 made by the learned Single Judge in C.W.J.C.No.11789 of 2009. It is the grievance of the appellant that though the Gram Panchayat is a party respondent in the writ petition without issuing notice to the Gram Panchayat or Sarpanch 3 the learned Single Judge has issued mandamus against the Gram Panchayat a separate legal entity. It is not in dispute that the Gram Panchayat was not heard before the mandamus was issued against the Gram Panchayart. For the aforesaid limited reason, we allow this Appeal. The impugned order dated 10th September 2009 made by the learned Single Judge in C.W.J.C. 11789 of 2009 is set aside. C.W.J.C. No. 11789 of 2009 is remitted to the learned Single Judge for hearing and decision afresh. Learned Advocate Mr. Nikesh Kumar states that he shall enter appearance for respondent nos. 6 and 7 in the writ petition and shall appear before the learned Single Judge. Interlocutory Application No.6979 of 2009 stands disposed of. Learned Advocate may move the learned Single Judge for early hearing of the petition. Vinay/ (R.M. Doshit, CJ.) ( S. K. Katriar ,J. )