DEOGHAR MUNICIPAL CORPORATION THROUGH CHIEF EXECUTIVE OFFICER,DEOGHAR MUNICIPALITY, DEOGHAR Vs. BHARAT OJHA

JUDGEMENT

(1.) THIS L.P.A. has been preferred to challenge the order dated 20.07.2011 after delay of 129 days. However, the delay in filing the appeal is condoned and I.A. No. 546 of 2012 is allowed.

(2.) HOWEVER , the only contention of the learned counsel for the appellant is that in impugned order, direction has been given to officer of the Municipality Deoghar whereas the Municipality has been upgraded to the Municipal Corporation and therefore, there is no Special Officer in the municipality and now in the Municipal Corporation the equivalent and Competent Officer is the Chief Executive Officer. We are of the considered opinion that this is hardly a reason for filing this LPA. The appellant should have first approached to the learned Single Judge by moving appropriate application for making said correction. Instead of sending any notice to the writ petitioner, the Chief Executive Officer, Municipal Corporation, Deoghar and it's competent authority is directed to decide the representation of the writ petitioner after intimation to writ petitioner to submit his representation to CEO, so that, if the writ petitioner wants to file a fresh representation, he may file the same before the