ARUN KUMAR JAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This L.P.A. is preferred against the judgment and order dated 9.2.1994 passed in C.W.J.C. No. 8745 of 1993.

(2.) The appellant in this appeal is respondent No. 6 in C.W.J.C. No. 8745/93. Respondent No. 6 to 10 herein were the petitioners in the said G.W.J.C. Before the learned single Judge and orders passed by the fourth respondent herein in Municipal Survey Appeal Nos. 171 and 172 of 1988 dated 24.9.1989 were challenged. The learned single Judge found that at the relevant time when the impugned orders were passed on the appeals the fourth respondent had no power to pass the same. On that ground alone, without going into the merits of the case, the learned single Judge allowed the writ application with liberty to the parties to prefer Municipal Survey appeals before an appropriate authority if so advised. Aggrieved by the above decision of the learned single Judge the present appeal is filed.

(3.) As the only question that has to be decided in this appeal is with reference to the competency of the fourth respondent to deal with the appeals placed before him, it is not necessary to set out in detail the facts involved in this case. However, brief facts need be stated to appreciated the question of law raised before us.