Murari Prasad vs The State Of Bihar
2022 Latest Caselaw 1031 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.7235 of 2021
     ======================================================

Murari Prasad Son of Late Ramji Mahto, Resident of Mohalla - Harnichak, Post Anisabad, Police Station- Phulwarisharif, District - Patna, Pin Code - 800002.

... ... Petitioner/s Versus

1. The State of Bihar through Chief Secretary Government of Bihar, Patna.

2. The Chief Secretary, Govt. of Bihar, Patna.

3. The Secretary-Cum-Commissioner, Secondary Education, New Secretariat, Bailey Road, Patna.

4. The Regional Deputy Director, Secondary Education, New Secretariat, Bailey Road, Patna.

5. District Education Officer, Bhojpur at Arrah.

6. District Programme Officer, Bhojpur at Arrah.

7. The In Charge Head Master, District School Arrah, Bhojpur.

8. The Accountant General, Bihar, Patna.

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

For the Petitioner/s : Mr.Sudish Kumar For the Respondent/s : Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 09-02-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19

pandemic.

In the instant petition, petitioner has prayed for

following relief:-

" (i) That this writ application is being filed for a direction to the respondents to grant of 1st and 2nd A.C.P. to the petitioner with all consequential benefits and the petitioner further pray for grant any other relief (s) for which the Patna High Court CWJC No.7235 of 2021 dt.09-02-2022

petitioner is entitled be also given in the facts and circumstances of the case."

Aforesaid relief is not supported by legal/statutory

right followed by demand before the competent authority. Thus,

the present petition is not maintainable in the light of Apex

Court's decision in the case of Mani Subrat Jain V. State of

Haryana & Ors. Reported in A.I.R. 1977 SC 276.

Accordingly, the present petition stands dismissed

reserving liberty to the petitioner to submit a detailed

representation. If such representation is submitted within a

period of eight weeks from the date of receipt of this order, in

that event, the concerned respondent is hereby directed to decide

the petitioner's representation at the earliest.

(P. B. Bajanthri, J) kamlesh/-

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Uploading Date          16.02.2022
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