Patna High Court
Awadhesh Singh Kushwaha vs The State Of Bihar And Ors on 12 December, 2023
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11332 of 2012
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AWADHESH SINGH KUSHWAHA S/O Yamuna Singh R/O Village-
Akopur, Post Office- Bindusar, Police Station- Siwan Town, District- Siwan
... ... Petitioner/s
Versus
1. The State Of Bihar through the Secretary, Land Reforms, Bihar, Patna
2. The District Magistrate, Siwan
3. The District Land Acquisition Officer, Siwan
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kamal Nayan Chaubey, Sr. Advocate
Mr. Ambuj Nayan Chaubey, Advocate
For the State : Mr. Deepak Kumar, AC to GP-4
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 12-12-2023
Heard Mr. Kamal Nayan Chaubey, learned Senior
counsel appearing on behalf of the petitioner and Mr. Deepak
Kumar, AC to GP-4, learned counsel appearing on behalf of the
State.
2. The present writ petition has been filed for a direction
to the respondents to regularize the services of the petitioner on the
post of Amin in the District Land Acquisition Office, Siwan.
3. The learned counsel for the petitioner submits that
the petitioner was appointed on the post of Amin on Contract basis
on 09.01.2008 on daily wages in the District Land Acquisition
Office, Siwan. The petitioner was discharging his duty honestly to
Patna High Court CWJC No.11332 of 2012 dt.12-12-2023
the satisfaction of the authority concerned since the date of his
appointment.
4. In the old District of Saran, six (6) posts of Amin
were sanctioned. After bifurcation two new District of Gopalganj
and Siwan have been made from the old District of Saran. The
Revenue and Land Reforms Department, Government of Bihar
vide letter no. 903 dated 07.08.1998 distributed two (2) sanctioned
posts of Amin along with other posts to each District.
5. It is pertinent to mention that at the time of
appointment of the petitioner was on Contract basis no person was
working as Amin against the two sanctioned posts and both the
sanctioned posts in District Siwan were lying vacant and the
petitioner was the only Amin who was working in the District
Land Acquisition Office, Siwan.
6. Learned counsel for the State although has not filed
the counter affidavit but he has referring Annexure-1 of the writ
petition by which the petitioner has been engaged on the post of
Amin on Contract basis on daily wages in the District Land
Acquisition Office, Siwan. He referred the Annexure-1 in which
the petitioner has given an undertaking that he will not claim for
appointment to the post in question in future. Learned counsel for
the State further submits that apart from that the petitioner has not
Patna High Court CWJC No.11332 of 2012 dt.12-12-2023
approached before the authority concerned for redressal of his
grievances and he has directly approached this Hon'ble Court.
7. Considering the aforesaid facts and in view of
Annexure-1, no right is accrued to the petitioner for his
appointment on the post of Amin in question and he has directed
approached this Hon'ble Court without approaching the authority
concerned.
8. There is no merit in the writ petition. It is
accordingly stands dismissed.
(Rajesh Kumar Verma, J)
Ibrar//-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 19.12.2023
Transmission Date N.A.
