RAJENDRA PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent of Patna High Court arises from order of the learned Single Judge dated October 19, 1995 in CWJC No. 3297 of 1995.

(2.) THE writ petitioners, respondent nos. 3 and 4 herein, filed the above -mentioned writ petition for quashing the notification dated August 25, 1994 whereby the State Government in purported exercise of power under Section 389 (c) of the Bihar Municipal Act, 1922 (the Act, in short) read with Section 24 of the General Clauses Act, 1917 had constituted a Committee, consisting of the members as mentioned therein to manage the affairs of the Ramnagar Notified Area. The learned Single Judge held that by reason of the amended provisions of Section 389 (c) the Government is competent, to constitute such a Committee with respect to industrial townships alone. The Ramnagar Notified Area not being an industrial township, the same was not amenable to the said provision. The impugned notification dated August 25, 1994 was therefore illegal and without jurisdiction. The learned single Judge accordingly quashed the notification.

(3.) THE appellant herein is the Vice Chairman of the Ramnagar Notified Area Committee. He filed this appeal on January 22, 1996. Later, on objection as to maintainability of the appeal on the ground that he was not a party to the writ petition, he filed an application seeking leave to appeal. By order dated March 27, 1997 leave was granted. On June 25, 1997 counsel for the writ petitioners entered appearance. The appeal was finally heard on September 5, 1997.