Patna High Court
Vijay Kumar Singh vs The State Of Bihar on 6 April, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4579 of 2022
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1. Vijay Kumar Singh, Son of Shiv Sagar Singh, Resident of Village and Post -
Ashok Nagar, P.S. - Jalalpur, District - Saran, Bihar.
2. Madhuri Devi, Wife of Late Mathura Prasad, Resident of Village -
Hariharpur, P.S. - Khaira, Post - Kanaar Hariharpur, District - Saran, Bihar.
3. Dilip Kumar Singh, Son of Late Bharat Singh, Resident of Village and Post -
Kothaiya, P.S. - Jalalpur, District - Saran, Bihar.
4. Indramohini Devi, Wife of Dwarika Prasad, Resident of Village and Post -
Sakri, P.S. - Jalalpur, District - Saran, Bihar.
5. Arun Kumar Singh, Son of Late Premnath Singh, Resident of Village and
Post - Kothaiya, P.S. - Jalalpur, District - Saran, Bihar.
6. Kamlesh Devi, Wife of Shivshankar Bharti, Resident of Village - Sakri
Bharti Tola, P.O. - Sakri, P.S. - Jalalpur, District - Saran, Bihar.
7. Omprakash Ram, Son of Chait Ram, Resident of Village and Post -
Kothaiya, P.S. - Jalalpur, District - Saran, Bihar.
8. Ramesh Kumar Singh, Son of Late Bharat Singh, Resident of Village -
Mishrvaliya, P.O. - Sakri, District - Saran, Bihar.
9. Dhanesh Kumar Singh, Son of Krit Singh, Resident of Village and Post -
Ashok Nagar, P.S. - Jalalpur, District - Saran, Bihar.
10. Rakesh Kumar Singh, Son of Raghurwar Singh, Resident of Village -
Dumari, P.O. - Kanaar Hariharpur, District - Saran, Bihar.
11. Mithilesh Kumar Singh, Son of Late Harikishore Singh, Resident of Village
- Dumari, P.O. - Kanaar Hariharpur, District - Saran, Bihar.
12. Dilip Kumar Singh, Son of Late Harikishore Singh, Resident of Village -
Dumari, P.O. - Kanaar Hariharpur, District - Saran, Bihar.
13. Vinay Kumar Ojha, Son of Vindhyachal Ojha, Resident of Bhagwan Bajar,
V.I.P. Gali, District - Saran, Bihar.
14. Rajeev Kumar, Son of Nandkihsore Singh, Resident of Village - Dumari,
P.O. - Kanaar Hariharpur, District - Saran, Bihar.
15. Gyan Mala Devi, Wife of Sumit Kumar Singh, Resident of Village and Post
- Kothaiya, P.S. - Jalalpur, District - Saran, Bihar.
16. Ashok Kumar Singh, Son of Kamakhya Narayan Singh, Resident of Village
- Dumari, P.O. - Kanaar Hariharpur, District - Saran, Bihar.
17. Meera Devi, Wife of Ravindra Nath Singh, Resident of Village - Noornagar
Patna High Court CWJC No.4579 of 2022 dt.06-04-2022
Kanhi, P.O. - Kanhi, P.S. - Jalalpur, District - Saran, Bihar.
18. Mukul Pandey, Son of Late Dinesh Kumar Pandey, Resident of Village and
P.O. - Hariharpur Kannar, P.S. - Khaira, District - Saran, Bihar.
19. Ramawati Devi, Wife of Rajkishore Singh, Resident of Village - Dumari,
P.O. - Kanaar Hariharpur, District - Saran, Bihar.
20. Sita Kumari, Wife of Ramseval Yadav, Resident of Village and P.O. -
Dhamsar, P.S. - Janta Bajar, District - Saran, Bihar.
21. Kanti Devi, Wife of Chhatilal Singh, Resident of Village - Dumari, P.O. -
Kanaar Hariharpur, District - Saran, Bihar.
22. Sunita Kumari, Wife of Nagendra Singh, Resident of Village - Dumari, P.O.
- Kanaar Hariharpur, District - Saran, Bihar.
23. Rekha Kumari, Wife of Late Prabhunath Singh, Resident of Village -
Dumari, P.O. - Kanaar Hariharpur, District - Saran, Bihar.
24. Dhannjay Kumar Singh, Son of Kamla Prasad Singh, Resident of Village -
Dumari, P.O. - Kanaar Hariharpur, District - Saran, Bihar.
25. Manju Kumari, Wife of Late Harimohan Singh, Resident of Village -
Dumari, P.O. - Kanaar Hariharpur, District - Saran, Bihar.
26. Shyamli Kumari, Wife of Late Harimohan Singh, Resident of Village -
Dumari, P.O. - Kanaar Hariharpur, District - Saran, Bihar.
27. Sangeeta Kumari, Wife of Manoj Kumar Singh, Resident of Village -
Dumari, P.O. - Kanaar Hariharpur, District - Saran, Bihar.
28. Manorama Kumari, Wife of Raghuwash Singh, Resident of Village and P.O.
- Bhalgai, P.S. - Traiya, District - Saran, Bihar.
29. Rajkishore Singh, Son of Late Harimohan Singh, Resident of Village -
Dumari, P.O. - Kanaar Hariharpur, District - Saran, Bihar.
30. Naylon Kumari, Wife of Prem Kumar Singh, Resident of Village and Post -
Kothaiya, P.S. - Jalalpur, District - Saran, Bihar.
31. Sanjeet Kumar, Son of Arun Kumar Singh, Resident of Village - Afora, P.O.
- Khaira, District - Saran, Bihar.
32. Umashankar Prasad, Son of Harinarayan Prasad, Resident of Village and
P.O. and P.S. - Khaira, District - Saran, Bihar.
33. Jai Prakash Singh, Son of Late Bharat Singh, Resident of Village and Post -
Kothaiya, P.S. - Jalalpur, District - Saran, Bihar.
34. Ranjay Kumar Singh, Son of Late Harikishore Singh, Resident of Village -
Dumari, P.O. - Kanaar Hariharpur, District - Saran, Bihar.
35. Sanotsh Kumar Parwat, Son of Shivnath Parwat, Resident of Village -
Patna High Court CWJC No.4579 of 2022 dt.06-04-2022
Sahimpur, P.O. - Kothaiya, P.S. - Khaira, District - Saran, Bihar.
36. Ajeet Kumar Singh, Son of Late Bharat Singh, Resident of Village and Post
- Kothaiya, P.S. - Jalalpur, District - Saran, Bihar.
37. Ganesh Kumar Singh, Son of Kedarnath Singh, Resident of Village and P.O.
- Basdila, P.S. - Jalalpur, District - Saran, Bihar.
38. Krishan Pandit, Son of Mithu Pandit, Resident of Village - Salempur, P.O. -
Suithar, District - Saran, Bihar.
39. Vinod Kumar Singh, Son of Chandeswar Singh, Resident of Village -
Hariharpur, P.O. - Piparidiha, Pin - 841222, P.S. - Derani, District - Saran,
Bihar.
40. Sushil Kumar Singh, Son of Jagdish Narayan Singh, Resident of Village -
Dumari, P.O. - Kanaar Hariharpur, District - Saran, Bihar.
41. Umesh Kumar Singh, Son of Kedarnath Singh, Resident of Village and P.O.
- Basdila, P.S. - Jalalpur, District - Saran, Bihar.
42. Meena Devi, Wife of Jitendra Kumar Singh, Resident of Village - Dumari,
P.O. - Kanaar Hariharpur, District - Saran, Bihar.
43. Vibha Kumari, Wife of Manoj Kumar Singh, Resident of Village and Post -
Kothaiya, P.S. - Jalalpur, District - Saran, Bihar.
44. Nirmala Kumari, Wife of Late Shatrughan Prasad Resident of Village -
Kodirgaon, P.O. - Sakudi, P.S. - Jalalpur, District - Saran, Bihar.
45. Sanjay Kumar Gupta, Son of Ganga Prasad Gupta, Resident of Village -
Dumari, P.O. - Kanaar Hariharpur, District - Saran, Bihar.
46. Indrawati Devi, Wife of Janak Dev Singh, Resident of Village - Varnapur,
P.O. - Khaira, District - Saran Bihar.
47. Ramjee Prasad, Son of Shivpujan Bhakt, Resident of Village and P.O. and
P.S. - Khaira, District - Saran, Bihar.
48. Shiv Nath Singh, Son of Jaleem Singh, Resident of Village - Govindpur,
P.O. - Khaira, District - Saran, Bihar.
49. Awadh Kishor Singh, Son of Kailash Singh, Resident of Village and Post -
Kothaiya, P.S. - Jalalpur, District - Saran, Bihar.
50. Lalita Kumari, Wife of Bhairav Singh, Resident of Village and P.O. - Afora,
District - Saran, Bihar.
51. Basanti Devi, Wife of Krishnanand Singh, Resident of Village - Dumari,
P.O. - Kanaar Hariharpur, District - Saran, Bihar.
52. Poonam Devi, Wife of Mithilesh Kumar Singh, Resident of Village -
Dumari, P.O. - Kanaar Hariharpur, District - Saran, Bihar.
Patna High Court CWJC No.4579 of 2022 dt.06-04-2022
53. Sharda Devi, Wife of Lalmohan Singh, Resident of Village - Dumari, P.O. -
Kanaar Hariharpur, District - Saran, Bihar.
54. Shyam Karan Rai, Son of Sakaldeep Rai, Resident of Village - Govindpur,
P.O. - Khaira, District - Saran, Bihar.
55. Rakesh Kumar Srivastava, Son of Late Mathura Prasad, Resident of Village
- Hariharpur, Post - Kanaar Hariharpur, District - Saran, Bihar.
56. Meena Kumari, Wife of Dharamnath Singh, Resident of Village - Gopalpur,
Post - Kanaar Hariharpur, District - Saran, Bihar.
57. Jitendra Kumar Singh, Son of Ramadhar Singh, Resident of Village and P.O.
- Sakudi, P.S. - Jalalpur, District - Saran, Bihar.
58. Virendra Kumar Singh, Son of Late Raghunath Singh, Resident of Village
and Post - Kothaiya, P.S. - Jalalpur, District - Saran, Bihar.
59. Gyanti Devi, Wife of Raghuwansh Pratap Singh, Resident of Village -
Sadharai Ka Tola, District - Saran, Bihar.
60. Sunita Devi, Wife of Tarak Nath Singh, Resident of Village - Siswan, P.O. -
Kerwan, P.S. - Taraiya, District - Saran, Bihar.
61. Munna Kumar Singh, Son of Chandrama Singh, Resident of Village and
Post - Kothaiya, P.S. - Jalalpur, District - Saran, Bihar.
62. Abhay Kumar Singh, Son of Late Awadhesh Singh, Resident of Village and
Post - Kothaiya, P.S. - Jalalpur, District - Saran, Bihar.
63. Anil Kumar Singh, Son of Rudal Singh, Resident of Village and P.O. -
Basdila, P.S. - Jalalpur, District - Saran, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Chief Secretary, Govt. of Bihar, Old
Secretariat, Patna.
2. The Additional Chief Secretary, Education Department, Govt. of Bihar, New
Secretariat, Patna.
3. The Director, Mass Education, Govt. of Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Bipin Bihari Singh, Advocate
For the Respondent/s : Smt. Shilpa Singh ( GA 12 )
Ms. Abhanjalli, AC to GA-12
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Patna High Court CWJC No.4579 of 2022 dt.06-04-2022
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 06-04-2022
The petitioner has prayed for the following
relief/s :-
Patna High Court CWJC No.4579 of 2022 dt.06-04-2022
Patna High Court CWJC No.4579 of 2022 dt.06-04-2022
Patna High Court CWJC No.4579 of 2022 dt.06-04-2022
Patna High Court CWJC No.4579 of 2022 dt.06-04-2022
Patna High Court CWJC No.4579 of 2022 dt.06-04-2022
3. After the matter was heard for some time,
finding the Bench not to be agreeable with the submissions
made across the bar, more so, on account of delay and
laches, learned counsel for the petitioners, under
instructions, seeks permission to withdraw the present
petition reserving liberty to approach the Respondent No. 3,
namely the Director, Mass Education, Government of Bihar,
Patna by filing a representation venting out his grievance,
subject matter of the present lis, which the petitioner shall
be filing within a period of four weeks from today.
4. Learned counsel for the respondents states
that if such a representation is filed by the petitioners, the
authority concerned shall consider and dispose it of
expeditiously and preferably within a period of four months
from the date of its filing along with a copy of this order.
5. Statement accepted and taken on record.
6. The Hon'ble Supreme Court in D. N. Jeevaraj
Vs. Chief Secretary, Government of Karnataka & Ors, (2016)
2 SCC 653, paragraphs 34 to 38 observed as under:-
"34. The learned counsel for the parties
addressed us on the question of the bona fides of
Patna High Court CWJC No.4579 of 2022 dt.06-04-2022
Nagalaxmi Bai in filing a public interest litigation. We
leave this question open and do not express any
opinion on the correctness or otherwise of the decision
of the High Court in this regard.
35. However, we note that generally speaking,
procedural technicalities ought to take a back seat in
public interest litigation. This Court held in Rural
Litigation and Entitlement Kendra v. State of U.P.
[Rural Litigation and Entitlement Kendra v. State of
U.P., 1989 Supp (1) SCC 504] to this effect as follows:
(SCC p. 515, para 16)
"16. The writ petitions before us are not inter
parties disputes and have been raised by way of
public interest litigation and the controversy
before the court is as to whether for social safety
and for creating a hazardless environment for the
people to live in, mining in the area should be
permitted or stopped. We may not be taken to
have said that for public interest litigations,
procedural laws do not apply. At the same time it
has to be remembered that every technicality in
the procedural law is not available as a defence
when a matter of grave public importance is for
consideration before the court."
36. A considerable amount has been said about
public interest litigation in R&M Trust [R&M Trust v.
Koramangala Residents Vigilance Group, (2005) 3
SCC 91] and it is not necessary for us to dwell any
further on this except to say that in issues pertaining to
good governance, the courts ought to be somewhat
more liberal in entertaining public interest litigation.
However, in matters that may not be of moment or a
litigation essentially directed against one organisation
or individual (such as the present litigation which was
directed only against Sadananda Gowda and later
Jeevaraj was impleaded) ought not to be entertained or
should be rarely entertained. Other remedies are also
available to public spirited litigants and they should be
encouraged to avail of such remedies.
37. In such cases, that might not strictly fall in
the category of public interest litigation and for which
other remedies are available, insofar as the issuance of
a writ of mandamus is concerned, this Court held in
Union of India v. S.B. Vohra [Union of India v. S.B.
Vohra, (2004) 2 SCC 150: 2004 SCC (L&S) 363] that:
(SCC p. 160, paras 12-13)
"12. Mandamus literally means a
command. The essence of mandamus in England
Patna High Court CWJC No.4579 of 2022 dt.06-04-2022
was that it was a royal command issued by the
King's Bench (now Queen's Bench) directing
performance of a public legal duty.
13. A writ of mandamus is issued in favour
of a person who establishes a legal right in
himself. A writ of mandamus is issued against a
person who has a legal duty to perform but has
failed and/or neglected to do so. Such a legal
duty emanates from either in discharge of a
public duty or by operation of law. The writ of
mandamus is of a most extensive remedial
nature. The object of mandamus is to prevent
disorder from a failure of justice and is required
to be granted in all cases where law has
established no specific remedy and whether
justice despite demanded has not been granted."
38. A salutary principle or a well-recognised
rule that needs to be kept in mind before issuing a
writ of mandamus was stated in Saraswati Industrial
Syndicate Ltd. v. Union of India [Saraswati
Industrial Syndicate Ltd. v. Union of India, (1974) 2
SCC 630] in the following words: (SCC pp. 641-42,
paras 24-25)
"24. ... The powers of the High Court
under Article 226 are not strictly confined to
the limits to which proceedings for prerogative
writs are subject in English practice.
Nevertheless, the well-recognised rule that no
writ or order in the nature of a mandamus
would issue when there is no failure to
perform a mandatory duty applies in this
country as well. Even in cases of alleged
breaches of mandatory duties, the salutary
general rule, which is subject to certain
exceptions, applied by us, as it is in England,
when a writ of mandamus is asked for, could
be stated as we find it set out in Halsbury's
Laws of England (3rd Edn.), Vol. 11, p. 106:
'198. Demand for performance must
precede application.--As a general rule the
order will not be granted unless the party
complained of has known what it was he
was required to do, so that he had the means
of considering whether or not he should
comply, and it must be shown by evidence
that there was a distinct demand of that
which the party seeking the mandamus
desires to enforce, and that that demand was
Patna High Court CWJC No.4579 of 2022 dt.06-04-2022
met by a refusal.'
25. In the cases before us there was no
such demand or refusal. Thus, no ground
whatsoever is shown here for the issue of any
writ, order, or direction under Article 226 of the
Constitution."
7. As such, petition stands disposed of in the
following terms:-
(a) Petitioners shall approach the authority
concerned within a period of four weeks from today by
filing a representation for redressal of the grievance(s);
(b) The authority concerned shall consider and
dispose it of expeditiously by a reasoned and speaking order
preferably within a period of four months from the date of
its filing along with a copy of this order;
(c) The order assigning reasons shall be
communicated to the petitioner;
(d) Needless to add, while considering such
representation, principles of natural justice shall be
followed and due opportunity of hearing afforded to the
parties;
(e) Also, opportunity to place on record all
Patna High Court CWJC No.4579 of 2022 dt.06-04-2022
relevant materials/documents shall be granted to the parties;
(f) Equally, liberty is reserved to the petitioners
to take recourse to such alternative remedies as are
otherwise available in accordance with law;
(g) We are hopeful that as and when petitioners
takes recourse to such remedies, as are otherwise available
in law, before the appropriate forum, the same shall be dealt
with, in accordance with law and with reasonable dispatch;
(h) Liberty reserved to the petitioners to
approach the appropriate forum/Court, should the need so
arise subsequently on the same and subsequent cause of
action;
(i) We have not expressed any opinion on
merits. All issues are left open;
(j) The proceedings, during the time of current
Pandemic- Covid-19 shall be conducted through digital
mode, unless the parties otherwise mutually agree to meet
in person i.e. physical mode;
8. The petition stands disposed of in the
aforesaid terms.
9. Interlocutory Application(s), if any, stands
Patna High Court CWJC No.4579 of 2022 dt.06-04-2022
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Ashwini/Sujit
AFR/NAFR
CAV DATE
Uploading Date 11.04.2022
Transmission Date
