IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.288 of 2008 1. PREM KUMAR SINHA SON OF NIRAPAD SINGH, RESIDENT OF VILLAGE-MALTOLI, GRAM PANCHAYAT AND POST OFFICE DHANTOLA, POLICE STATION AND BLOCK- DIGHAL BANK, DISTRICT- KISHANGANJ. 2. ABUL KALAM, SON OF ALIMUDDIN, RESIDENT OF VILLAGE- JHINGAKATTA UNDER GRAM PANCHAYAT AND POST OFFICE- LAUCHA, POLICE STATION AND BLOCK-BAHADURGANJ, DISTRICT- KISHANGANJ 3. LATIFUR RAHMAN, SON OF BALI MUHAMMAD, RESIDENT OF VILLAGE – HALDIBARI, POST OFFICE AND GRAM PANCHAYAT- TAIYABPUR, POLICE STATION AND BLOCK-POTHIA, DISTRICT- KISHANGANJ. 4. JAY PRAKASH SINGH, SON OF LATE JADU LAL SINGH, RESIDENT OF VILLAGE- KHAND, GRAM PANCHAYAT –MAHUA, POST OFFICE-BAGUNA, POLICE STATION AND BLOCK TERHAGADHH, DISTRICT- KISHANGANJ. 5. MD. MANJAR HUSSAIN, SON OF MD. GULAM MUHAMMAD AKHLAKH, RESIDENT OF VILLAGE AND GRAM PANCHAYAT BHAIKOL, POST OFFICE-DHANPATGANJ, POLICE STATION AND BLOCK KOCHA DHAMAN, DISTRICT- KISHANGANJ. 6. BALDEO PRASAD SAH, SON OF KAILU SAH, RESIDENT OF VILLAGE DORIYA, GRAM PANCHAYAT KUMARI, POST OFFICE, POLICE STATION AND BLOCK- TERHAGACHH, DISTRICT- KISHANGANJ. 7. MD. TAMIZUDDIN, SON OF SHEIKH AKTAR HUSSAIN, RESIDENT OF VILLAGE, POST OFFICE AND GRAM PANCHAYAT-GAMHARIYA, POLICE STATION AND BLOCK- TERHAGACHH, DISTRICT-KISHANGANJ. 8. SAHDEO PRASAD SINGH, SON OF MANIK LAL SINGH, RESIDENT OF VILLAGE- HARHARIYA, UNDER GRAM PANCHAYAT- SIRHANIYA, POST OFFICE- MAHESH BATHAN, POLICE STATION AND BLOCK-TERHAGADHH, DISTRICT- KISHANGANJ. 9. ABU SALE RABBANI, SON OF MD. YASIN, RESIDENT OF VILLAGE-SARAKPURA, UNDER GRAM PANCHAYAT- ANARKALI, POST OFFICE- MADHO HATT, POLICE STATION AND BLOCK- KODHA DHAMAN, DISTRICT- KISHANGANJ. 10. JAG MOHAN SINGH, SON OF AMUK LAL SINGH, RESIDENT OF VILLAGE- POST OFFICE AND GRAM PANCHAYAT BAIRIYA, POLICE STATION AND BLOCK- TERHAGADHH, DISTRICT- KISHANGANJ. 11. BHOGIN LAL SINGH, SON OF SHREE KANCHAPU SINGH, RESIDENT OF VILLAGE AND POST OFFICE-GUNJAR MARI, UNDER GRAM PANCHAYAT- KANAKPUR, POLICE STATION AND BLOCK THAKURGANJ, DISTRICT- KISHANGANJ. 12. MD. SALAHUDDIN, SON OF MD. SUSLIMUDDIN, RESIDENT OF VILLAGE AND GRAM PANCHAYAT GAURAMARI, POST OFFICE- 2 KANHAIYA BARI HATI, POLICE STATION AND BLOCK- KOCHA DHAMAN, DISTRICT- KISHANGANJ. 13. MUZAFFAR JALAL SON OF ABDUR RAHMAN, RESIDENT OF VILLAGE, GRAM PANCHAYAT AND POST OFFICE-MAHESH BATHAN, POLICE STATION AND BLOCK-BAHADURGANJ, DISTRICT- KISHANGANJ. …………… Appellants. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT (PANCHAYATI RAJ) GOVERNMENT OF BIHAR, PATNA 3. THE SECRETARY-CUM-COMMISSIONER, DEPARTMENT OF FINANCE, GOVERNMENT OF BIHAR, PATNA 4. THE DIRECTOR, DIRECTORATE OF PANCHAYATI RAJ, GOVERNMENT OF BIHAR, PATNA. 5. THE DIVISIONAL COMMISSIONER, PURNIA DIVISION, PURNIA 6. THE DISTRICT MAGISTRATE, KISHANGANJ-CUM-CHAIRMAN, DISTRICT PANCHAYAT SEWAK SELECTION COMMITTEE KISHANGANJ. 7. THE DEPUTY DEVELOPMENT COMMISSIONER, KISHANGANJ- CUM-VICE CHAIRMAN, DISTRICT PANCHAYAT SEWAK SELECTION COMMITTEE KISHANGANJ. 8. THE DISTRICT PANCHAYAT RAJ OFFICER, KISHANGANJ-CUM- MEMBER SECRETARY, DISTRICT PANCHAYAT SEWAK SELECTION COMMITTEE KISHANGANJ. 9. THE BLOCK DEVELOPMENT OFFICER, THAKURGANJ, DISTRICT- KISHANGANJ. 10. THE BLOCK DEVELOPMENT OFFICER- POTHIA, DISTRICT- KISHANGANJ. ……. Respondents ----------- 9 15.10.2009 Heard Mr. Jitendra Kumar Roy, for the appellants and Mr. Shashi Bhushan Kumar, learned Standing Counsel no. 16 for the respondents. Learned counsel for the parties submit in one voice that the issue raised in the present appeal is governed by the judgment dated 11.8.2009, passed by a Division Bench of this Court in L.P.A. No. 789 of 2006 (State of Bihar & Ors versus Subhash Chandra Shukla & Ors). 3 In that view of the matter, the present appeal is disposed of in terms of the said judgment. pkj (S.K. Katriar, J.) ( Kishore K. Mandal, J. )