Lalji Singh vs The State of Bihar and Others

Hon''ble Justice Smt. T. Meena Kumari

Counsel for the appellants has submitted that the issue involved in this matter has already been decided by this Court in the case reported in C.W.J.C. No. 13794 of 2009 (Chandrashekhar vs. The State of Bihar & Ors.) and C.W.J.C. No. 7707 of 2010 (Anita Prakash vs. The State of Bihar & Ors.) which have become final and the facts of the case are similar in the writ petition as also in the appeal. Having heard learned counsel for the State, we are of the opinion that the matter is covered by the aforesaid judgment of the Single Bench. On merits also, we are of the opinion that as there is no misrepresentation or fraud played by the appellants herein before the authorities at the time of initial appointment and as they have stated their dates of birth correctly, therefore, any argument being advanced by the State, after a period of seven years and also taking note of the submissions made by the appellants that they have been appointed as Panchayat Shikchak in view of the enactment of the Rules, 2006, the appointment of the appellants are deemed to be valid.

Under the above circumstances, the appeal is allowed.