KAUSHLENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned counsel appearing for the respondent no.3 and learned counsel appearing for the State.

(2.) The present intra-court appeal has been filed by the appellant challenging the order dated 16.04.2019 passed by the learned single Judge in CWJC No. 7988 of 2019 by which he has directed the respondent no.2, the District Magistrate-cum- Programmer Co-ordinator, Mahatma Gandhi National Rural Employment Guarantee (for short 'MGNREGA'), Sheikhpura to see that the award passed by the Ombudsman MGNREGA, Sheikhpura is implemented in letter and spirit within a period of 60 days.

(3.) Learned counsel appearing for the appellant submitted that the order impugned has been passed against the appellant by the learned single Judge without affording any opportunity of hearing to him. He contended that the respondent no.3, who had filed the writ petition, did not implead the appellant as a party in the writ petition. The respondent no.3 is not even a person in whose favour the award was passed. He had no locus to have approached this Court in writ jurisdiction for implementation of the award passed by the Ombudsman. He contended that the learned single Judge did not appreciate the aforesaid aspects of the matter and passed the impugned order on the very first day on which the application was taken up without asking for any counter affidavit from the State and without ensuring the impleadment of the appellant as a respondent.