IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1017 of 2021
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Arjun Kumar Das S/o Rajan Ravidas resident of Village- Sikandarpur Lalpur Bhader, P.O.- Lalal Pur Bhader, P.S.- Kahalgaon, District- Bhagalpur.
... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary, Home (Police) Department, Government of Bihar, Patna.
2. The Principal Secretary, General Administration, Department, Bihar, Patna.
3. The District Magistrate, Bhagalpur.
4. The Senior Superintendent of Police, Bhagalpur.
5. The Sub Divisional Officer, Kahalgaon (Bhagalpur).
6. The Circle Officer, Kahalgaon, Bhagalpur.
7. The Officer in Charge, Kahalgoan, P.S.- Kahalgaon, Bhagalpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Sinha, Advocate For the Respondent/s : Md. N.H. Khan, SC 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 13-05-2022 Heard learned counsel for the respective parties through virtual court proceedings.
2. In the instant petition, petitioner has prayed for the following relief/reliefs:
"(i) To issue an appropriate order/s, direction/s, order/s including a writ preferably in the nature of Mandamus directing and commanding upon the respondent No. 3 to appoint the petitioner to Patna High Court CWJC No.1017 of 2021 dt.13-05-2022 2/3 the post of Chowkidar in terms of Memo No. 8442 dated 23-10-17 of the Department of Home (Police), Bihar, Patna.(ii) To direct the respondent No. 3
to appoint the petitioner to the said post taking into the consideration that the petitioner's father has nominated for the post in question in terms of the Circular of Respondent No. 3.
(iii) To any other relief/s to which the petitioner is entitled in the facts and circumstances of the case."
3. The aforesaid reliefs are not supported by material information in particularly establishing statutory right followed by demand before the competent authority like representation/application.
4. In the absence of the aforesaid material information, the petitioner is not entitled to writ of mandamus in the light of Apex Court decision in the case of Mani Subrat Jain V. State of Haryana reported in (1977) 1 SCC 486 read with Union Of India & Anr vs Arulmozhi Iniarasu & Ors reported in (2011) 7 SCC
397.
5. Accordingly, the present petition stands disposed off. Reserving liberty to the petitioner to file detailed representation to the competent authority. If such representation is submitted within a period of eight weeks from the date of receipt of this order, in Patna High Court CWJC No.1017 of 2021 dt.13-05-2022 3/3 that event, the competent authority shall pass speaking order and communicate within a period of three months from the date of petitioner's representation.
(P. B. Bajanthri, J) GAURAV S./-
AFR/NAFR CAV DATE Uploading Date 17.05.2022 Transmission Date