Anil Kumar Bharti @ Anil Kumar vs The State Of Bihar
2022 Latest Caselaw 915 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.20011 of 2021
     ======================================================

Anil Kumar Bharti @ Anil Kumar Son of Jainarayan Baitha Resident of Village- Mdhu Chhapra, Police Station- Piprakothi, District- East Champaran.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Rural Development Department, the State of Bihar.

2. The District Magistrate, East Champaran Motihari.

3. The Deputy Development Commissioner, East Champaran, Motihari.

4. The Sub-Divisional Officer, East Champaran, Motihari.

5. The Block Development Officer, Muffasil Sadar Motihari, East Champaran.

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

For the Petitioner/s : Mr.Dhananjay Kumar For the Respondent/s : Mr.Harish Kumar ( Gp8 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 03-02-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19

pandemic.

2. State counsel accept notice for respondents.

Petitioner's counsel to serve copy of the petition to the State

Counsel.

3. In the instant petition, petitioner has prayed for

following reliefs:-

"I. To issue rule in the nature of certiorary to quash the order of termination issued vide memo no 1476 dated 8.07.2021 Patna High Court CWJC No.20011 of 2021 dt.03-02-2022

passed By Deputy Development Commissioner East Champaran Motihari, by which, the service of the petitioner has been terminated.

II. To issue in the nature of Mandamus to reinstate the petitioner service, after setting aside the order of termination, along with all consequential benefit.

III. To grant any other relief or reliefs to which the petitioner is legally entitled."

4. Petitioner has approached this Court without

exhausting statutory remedy of appeal before the appellate

authority. Thus, the present petition is pre-mature in the light of

Apex Court's decision rendered in the case of Jammu and

Kashmir V. R.K. Zalpuri reported in AIR 2016 SC 3006 at para

20 held as under:

"20. Having stated thus, it is useful to refer to a passage from City and Industrial Development Corporation V. Dosu Aardeshir Bhiwandiwala and Others, 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 if duty- bound to consider whether:

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

(b) the petition reveals all material facts;

(c) the petitioner has any Patna High Court CWJC No.20011 of 2021 dt.03-02-2022

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."

5. Accordingly, the instant petition stands disposed

of reserving liberty to the petitioner to prefer appeal before the

appellate authority within a period of eight weeks from the date

of receipt of this order. In the event such appeal is filed, the

appellate authority is hereby directed to decide the petitioner's

appeal within a period of three months from the date of receipt

of petitioner's appeal.

(P. B. Bajanthri, J)

rakhi/-

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