Yogendra Yadav @ Yogendra Prasad ... vs The State Of Bihar And Ors
2022 Latest Caselaw 638 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.20148 of 2018
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1. Yogendra Yadav @ Yogendra Prasad Yadav and Ors Son of Late Shital Prasad @Late Sita Ram Yadav @Shital Yadav Resident of village-Akbar Nagar East Tola, Police Station-Akbar Nagar, District-Bhagalpur

2. Surendra Mishra Son of Kapildeo Mishra Resident of village Sultanpur, Khushrupur District-Siwan

3. Om Prakash Mishra Son of Sri Prayag Mishra Resident of village-

Manjilshah, P.S.-Raghunathpur, District-Siwan

4. Amod Kumar Singh Son of Tej Narayan Singh Resident of Village-Araya Tola, Police Station-Sabaur, District-Bhagalpur

... ... Petitioner/s Versus

1. The State Of Bihar and Ors

2. The Inspector general Prison, Government of Bihar, Patna

3. The Jail Superintendent, Special Central Jail Bhagalpur

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

     For the Petitioner/s   :      Mr. Sudish Kumar
     For the Respondent/s   :      Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 25-01-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioners have prayed for the

following relief/reliefs:

"I) To issue a writ in the nature of Certiorari for quashing the Order dated 18.06.2012 vide Gyapank - Kara/Rtha O (Muko) 1-3/12-2633 passed by Inspector General Prison, Government of Bihar, Patna (Respondent No. 2) whereby and where under rejected the representation filed dated 24.11.2011 which was filed by the Petitioner No. 1.

II) To issue writ in the nature of Mandamus commanding the respondents to consider the case of petitioners for appointment as Jail warders in Bhagalpur Patna High Court CWJC No.20148 of 2018 dt.25-01-2022

Special Central Jail against the vacant Sanctioned posts available.

III) To any other relief/reliefs for which the petitioners are entitled."

3. In respect of challenge to the order dated 18.06.2012,

the present petition is presented in the year 2018. There is no

explanation in respect of delay in presenting the present petition

for about six years, therefore, the present petition cannot be

entertained in the light of 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 which reads 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;

(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;

Underline Emphasized Patna High Court CWJC No.20148 of 2018 dt.25-01-2022

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

valid law; and host of other factors"

4. In the light of the aforesaid principle, on the ground

of delay and laches, the present petition stands dismissed.

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

AFR/NAFR
CAV DATE
Uploading Date          28.01.2022
Transmission Date