Md. Ushman Ansari vs The State Of Bihar
2021 Latest Caselaw 6261 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6586 of 2020
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1. Md. Ushman Ansari Son of Md. Siddque Ansari, Resident of Village Khapra, P.O. and P.S. Akorhigola, District Rohtas at Sasaram.

2. Krishna Singh, Son of Sri Moti Lal Singh, Resident of Laxman Bigha, P.S. Indrapuri District Rohtas at Sasaram.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Road Construction Department, Govt. of Bihar, Patna.

2. The Engineer in Chief cum Chief Engineer, Road Construction Department, Govt. of Bihar, Patna.

3. The Superintending Engineer, Road Construction Department Bhojpur Circle Ara, District- Ara.

4. The Executive Engineer, Road Construction Department, District- Ara.

5. The District Magistrate Cum Collector, Ara, District Ara.

... ... Respondent/s ====================================================== Appearance :

     For the Petitioner/s   :      Mr. Arun Kumar No. 1, Advocate
     For the Respondent/s   :      Mr. ( Paag2 )

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 20-12-2021

In the instant petition, petitioners have prayed for the

following relief/reliefs:

"That by the present writ petition, the poor and helpless petitioners craves indulgence before this Hon'ble Court for disposal of the present writ petition in terms of the two orders passed in Exaltedly similarly situated cases, vide order dated 25.07.2007 passed in C.W.J.C. No. 11776/2006 (Sanjay Kumar and others Versus The State of Bohar and others) contained in Annexure-1 and order dated 02.12.2010 passed in C.W.J.C. No. 7772/2006 (Prem Prakash Singh and another Versus The State of Bihar and others) contained in Annexure-2 because case of these two petitioners are exactly similar to the cases of the petitioners of aforementioned two cases contained in Annexure-1 and 2 as they have been terminated by the same letter contained in Annexure-5.

Patna High Court CWJC No.6586 of 2020 dt.20-12-2021

And further for issuance of any other wit or writs, direction or directions as it may be deceased fit and proper to the facts and circumstances of this case."

Petitioners' services were terminated on 17.08.1995.

Similarly situated persons have approached this Court and orders were

passed in favour of petitioners' colleague on 25.07.2007 in C.W.J.C.

No. 11776 on 2006. Thereafter, C.W.J.C. No. 7772 of 2006, decided on

02.12.2010 in respect of similarly situated persons. The petitioners are

fence sitter as is evident from the record that they have submitted

representation for the first time on 10.02.2012. Thereafter, he has not

approached this Court for about eight years. Therefore, the present

petition is hopelessly barred by limitation and laches in terms of the

Apex Court decision in the case of State of Jammu and Kashmir V/s.

R.K. Zalpuri and others reported in AIR 2016 SC 3006 paragraph-20

has held as under:

"20. Having stated thus, it is useful to refer to a passage form City and Industrial Development Corporation V/s. Dosu Aardeshir Bhiwandiwala and others {(2009) 1 SCC 168}, wherein this Court while dwelling upon jurisdiction under Article 226 of the Constitution, has expressed thus:-

"The Court while exercising its jurisdiction under Article 226 is duty-bound to consider whether:

(a) Adjudication of writ petition involves any complex and disputed question of facts and whether they can be satisfactorily resolved;

(b) The petition reveals all material facts; Patna High Court CWJC No.6586 of 2020 dt.20-12-2021

(c) The petitioner has any alternative or effective remedy for the resolution of the dispute;

(d) Person invoking the jurisdiction is guilty of unexplained delay and laches;

(e) Ex facie barred by any laws of limitation;

(f) Grant of relief is against public policy or barred by

any valid law; and host of other factors"

Accordingly, petition stands dismissed.

(P. B. Bajanthri, J) GAURAV S./-

AFR/NAFR
CAV DATE
Uploading Date          23.12.2021
Transmission Date