IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.183 of 2009 MITHILESH KUMAR SINGH son of late Chandrika Singh, resident of village Dhadhour, P.S.Sikandra, District Jamui … … Appellant Versus 1. THE STATE OF BIHAR 2. The Collector, Jamui 3. The sub-divisional Officer, Jamui 4. The District Panchayat Raj Officer, Jamui 5. The Block Development Officer-cum- Secretary, Sikandra Block Panchyat, District Jamui … … Respondents 6. Sindhu Kumar Paswan son of Sri Ram Khelwan Paswan, resident of village Poha, P.S. Sikandra,District Jamui … … Petitioner respondent 7. Jugal Kishore Manjhi kson of late Baijnath Manjhi resident of village Sheodih Pathak Chak, P.S.Sikandra, District Jamui 8. Kanchan Devi wife of Manoj Ram, resident of village Turadih, P.S.Sikandra,District Jamui 9. Smt. Rubi Devi wife of Binod Choudhary,. Resident of village Sikandra, P.S.Sikandra, District Jamui 10. Madhuri Devi wife of Saroj Singh, resident of village Gokkula, P.S.Sikandra,District Jamui 11. Baby Devi wife of Tuntun Mandal, resident of village Nawadih P.S. Sikandra,District Jamui 12. Bhola Yadav son of Dwarik Yadav, resident of village Charan P.S.Sikandra District Jamui 13. Bindu Devi wife of Budhadeo Mahto, resident of village Khardih P.S.Sikandra, District Jamui 14. Mamta Devi wife of Mahesh Ravidas, resident of village Bichhwey P.S.Sikandra,District Jamui 15. Siya Devi wife of Madan Pandit, resident of village Sabal Bigha, P.S. Sikandra, District Jamui 16. Dinesh Tanti son of late Tukkaan Tanti, resident of village Kirpa Rundih P.S.Sikandra,District Jamui 17. Ghanshyam Ram, son of Singheshwar Ram, resident of village Sijhori P.S.Sikandra District Jamui … … Respondents 2 For the appellants: Mr. R.K.Singh For the State: Mr.Sunil Kumar Mandal, S.C.15 ----------- 2. 16.3.2009 Respondent No.7-appellant aggrieved by the order dated 16th of January, 2009 passed by a learned Single Judge in C.W.J.C. No. 10759 of 2008 has preferred this appeal under Clause 10 of the Letters Patent. Short facts giving rise to the present appeal are that respondent no. 6, writ petitioner, filed the writ application challenging the notice dated 19th of July, 2008 convening the meeting of Sikandra Block Panchayat Samiti for consideration of ‘No Confidence Motion’ on 26th of July, 2008. The writ petitioner was the Pramukh of the said Panchayat Samiti and the special meeting was convened on 26th of July, 2008 to consider the ‘no confidence motion’ against him. When the writ application was taken up for consideration, a question arose as to whether the writ petitioner had submitted his resignation. The learned Single Judge by order dated 22nd of September, 2008 directed the Sub-divisional Officer, Jamui to swear an affidavit in this regard. In the light 3 thereof, the Sub-divisional Officer, filed an affidavit in which he had stated that though the writ petitioner had resigned on 19th of July, 2008 but he withdrew the same on 24th of July, 2008. The learned Judge recorded the aforesaid statement which was not disputed by any other party. Thereafter, he proceeded to consider the notice fixing holding of special meeting on 26th of July, 2008. The learned Single Judge found that no clear seven days notice was given for holding the meeting which itself vitiates the notice as also the no confidence motion passed against the writ petitioner. The view taken by the learned Single Judge is in conformity with the law laid down by this Court in several cases. We do not find any merit in this appeal. The appeal stands dismissed in limine. Kanth ( C.K.Prasad, A.C.J.) ( Dharnidhar Jha, J.)