Patna High Court
Amit Kumar vs The State Of Bihar on 13 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10875 of 2020
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Amit Kumar Son of Bindeshwar Singh Resident of Khairwa, P.O. Mejarganj,
District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Old Secretariat, Govt. of
Bihar, Patna.
2. The Chief Electoral Officer, 7 Sardar Patel Marg, Mangles Road, Patna.
3. District Election Officer, Sitamarhi.
4. District Magistrate, Sitamarhi.
5. Sub-Divisional Officer, Sitamarhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ajay Kr Singh No.1
For the Respondent/s : Mr. Lalit Kishore, AG
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 13-05-2022
Heard the matter through virtual Court
proceedings.
In the instant petition, petitioner has prayed for the
following relief/reliefs:
"That, the petitioner in the instant
writ application seeks indulgence of this
Hon'ble Court for grant of inter-alia the
following reliefs:-
(i) For issuance of an appropriate
writ/writs, direction/directions, order/orders
directing and commanding the respondent to
amalgamate Raj Kuari Madan and Khairwa
Panchayat in Riga Vidhan Sabha
Patna High Court CWJC No.10875 of 2020 dt.13-05-2022
constituency at Sitamarhi district in the State
of Bihar as such Kuari Madan and Khairwa
panchayat was part of mejarganj vidhan
Sabha constituency and the same was
reserved for scheduled caste category since
1955. In the year 2010 delimitation of
Mejarganj Vidhan Sabha constituency was
performed and Raj Kuari Madan and
Khairwa Panchayat have been amalgamated
in Bathnaha vidhan Sabha constituency, and
rest area of Mejarganj Vidhan Sabha
constituency has been amalgamated in Riga
Vidhan Sabha constituency. Thereupon
Bathnaha Vidhan Sabha constituency has
been again reserved for the scheduled caste
category and Riga Vidhan Sabha
Constituency has been open. Therefore Raj
Kuari Madan and Khairwa Panchayat area
are continuously reserved from the year
1955.
(ii) For issuance of any other
appropriate writ/ writs, direction/ directions,
order/ orders as this Hon'ble Court may
deem fit and proper."
The aforesaid relief is not supported by material
information like representation followed by statutory right
vested with the petitioner. In the absence of the aforesaid
ingredients, the present petition is not maintainable in the light
Patna High Court CWJC No.10875 of 2020 dt.13-05-2022
of Apex Court decision in the case of Mani Subrat Jain Vs.
State of Haryana reported in 1977 (1) SCC 486 read with
Union of India vs. Arulmozhi Iniarasu reported in (2011) 7
SCC 397.
Accordingly, the present petition stands disposed
of, reserving liberty to the petitioner to approach the concerned
authority in establishing statutory right vested with the
petitioner read with representation. If such representation is
submitted, the concerned authority shall decide the petitioner's
grievance at the earliest.
(P. B. Bajanthri, J)
Ankit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.05.2022
Transmission Date NA
