IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.730 of 2010 1. ANITA KUMARI W/O SRI DILIP KUMAR R/O VILL.- PATHRAHA, P.O.- DEVIGANJ, P.S.- NARPATGANJ, DISTT.- ARARIA (BIHAR). ------- Appellant (Respondent No.7) Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY DEPARTMENT OF RURAL DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, ARARIA. 3. THE DISTRICT PANCHAYAT RAJ OFFICER, ARARIA. 4. THE BLOCK DEVELOPMENT OFFICER BLOCK- NARPATGANJ, DISTT.- ARARIA. 5. THE SARPANCH, GRAM PANCHAYAT DARGAHIGANJ, BLOCK- NARPATGANJ, DISTT.- ARARIA. 6. THE UP-SARPANCH, GRAM PANCHAYAT DARGAHIGANJ BLOCK- NARPATGANJ, DISTT.- ARARIA. 7. SMT. SHABNAM W/O SRI ANIL KUMAR 'ANAL' R/O VILL.- PATHRAHA, P.O.- DEVIGANJ, P.S.- NARPATGANJ, DISTT.- ARARIA. ---------- Respondent No. IInd Set (Petitioner) ----------- 2 20.04.2010 I.A. No. 3832 of 2010 This is an application for condonation of delay of 59 days. We have heard Mr. Mritunjay Kumar, learned counsel for the appellant and Mr. Lalan Kumar, learned counsel for the State as also Mr. Sudhir Kumar Thakur, learned counsel for respondent no. 7. Regard being had to the averments made in the petition, we are of the considered opinion the delay in 2 preferring the appeal deserves to be condoned and accordingly, it is so ordered. I.A. No. 3832 of 2010 stands disposed of. L. P. A. No. 730 of 2010 As we have condoned the delay in preferring the appeal, we are inclined to take up the appeal for admission and final disposal. On consent of learned counsel for the parties, it is finally heard. The present appeal is directed against the order dated 13.1.2010 passed by learned single Judge in CWJC No. 16555 of 2009. The singular point that has been urged by learned counsel for the appellant is that the learned single Judge had decided the matter without issuing notice to her. Be it noted, the order passed by District Magistrate, Araria was called in question in the writ petition by the writ petitioner, respondent no. 7 herein, contending, inter alia, though she had filed an application for grant of salary for the post she was holding, i.e., the Secretary, Gram Kacharai, the District Magistrate traveled beyond the representation and came to hold she had been illegally 3 appointed by the authority who had no jurisdiction and as such she had no right to continue. As has been stated earlier, the learned single Judge has decided the matter without issuing notice to said Anita Kumari. Be it noted, the District Magistrate had passed an order canceling the appointment of the writ petitioner and directing that the Anita Kumari should be allowed to work. Thus, the order passed by the Collector was a composite order. In view of the aforesaid, the writ petitioner had impleaded the said Anita Kumari as respondent. As is manifest, the learned single Judge had not heard Anita Kumari and the District Magistrate had passed an adverse order without hearing the writ petitioner Smt. Shabnam. In view of the aforesaid, we have thought it apt to allow this appeal and set aside the order passed by learned single Judge and that of the District Magistrate and direct the District Magistrate, Araria to consider the matter afresh after affording an opportunity of hearing to Anita Kumari as well as Smt. Shabnam. As agreed to Smt. Shabnam or her representative and Anita Kumari or her representative 4 shall appear before the District Magistrate, Araria on 3rd May 2010 and the District Magistrate would be well advised to fix another date and dispose of the matter by 10th of June 2010 positively by ascribing cogent and germane reason. This Court expects while deciding the lis the District Magistrate, Araria shall dwell upon the jurisdictional aspect relating to appointment as well as other related adjudicatory facts. The District Magistrate, Araria shall file compliance report of this order through Mr. Lalan Kumar, learned counsel for the State before the registry of this Court. There shall be no order as to costs. Till the District Magistrate, Araria decides the matter, status quo existing as on today shall be maintained. Let a free copy of this order be handed over to Mr. Lalan Kumar, learned counsel for the State to do the needful in the matter. Rishi (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)