Patna High Court
Raj Kishore Choudhary @ Raj ... vs The State Of Bihar on 31 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3540 of 2021
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1. Raj Kishore Choudhary @ Raj Kishore Kumar Son of Ramashish
Choudhary resident of Village - Durgapur, P.S. - Giriyak, District- Nalanda.
2. Rita Devi @ Rita Kumari Wife of Raj Kishore Choudhary resident of
Village - Durgapur, P.S. - Giriyak, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar, Bihar.
2. The Director General of Police, Bihar, Patna.
3. The Inspector General of Police, Magadh Range, Gaya.
4. The Deputy Inspector General of Police, Magadh Range, Gaya.
5. The District Magistrate, Nalanda.
6. The Superintendent of Police, Nalanda at Biharsharif.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Pankaj Kumar
For the Respondent/s : Mr. Manish Kumar, GP-4
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 31-01-2022
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
following reliefs:-
"(i) For issuance of an appropriate
writ in nature of MANDAMUS commanding
and directing the respondent authority to take
appropriate decision with respect to petitioner
grievance regarding payment of their salary
pursuant to letter issued under the signature of
the Under Secretary, Government of Bihar
contained in his memo No. 8129 dated
27.09.2019 as well as memo No. 233 dated
25.7.2019 and memo No. 234 dated
25.07.2019.
Patna High Court CWJC No.3540 of 2021 dt.31-01-2022
(ii) Further for payment of entire
consequential benefit since the date of his
joining as Jamadar with statutory as well as
penal interest.
(iii) Further for issuance of
another writ/ writs, order/ orders, direction/
directions for which petitioner would be found
entitled under the facts and circumstances of
this case as stated herein below."
3. In support of the aforesaid relief, petitioners have
not submitted any representation. In the absence of representation,
the petitioners are not entitled to writ of mandamus 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.
4. Accordingly, the instant petition stands disposed of
reserving liberty to the petitioners to approach the concerned
respondent in submitting 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 redress the grievance of the
petitioner to be stated in the representation within a reasonable
period of time.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
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