Patna High Court
The State Of Bihar And Ors vs Surya Mohan Jha And Ors on 1 May, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.598 of 2018
In
Civil Writ Jurisdiction Case No.18382 of 2009
======================================================
1. The State of Bihar, through the Principal Secretary, Agriculture Department,
Govt. of Bihar, New Secretariat, Patna.
2. The Director of Agriculture Govt. of Bihar, New Secretariat, Patna.
3. The Joint Director, Agriculture (Education), Agriculture Service Govt. of
Bihar.
4. The District Agriculture Officer, Sitamarhi, District-Sitamarhi.
5. The District Magistrate-Cum-Collector, Sitamarhi.
... ... Appellant/s
Versus
1. Ram Kishore Singh, Son of Shri Raj Mangal Singh, R/O Vill Prem Nagar,
Tola Malikana, P.O. Prem Nagar, P.S.Runni Saidpur, Distt-Sitamarhi.
2. Md. Nausahd Ali Ansari, Son of Sri Abdul Rashid Ansari, R/O Vill
Punaura, Ola Bhorha, P.S. Dumara, Distt-Sitamarhi.
3. Pravin Kumar Son of Sri Ramashray Prasad, R/o Vill Bhorha, P.S. Belsand,
Distt. Sitamarhi.
4. Navin Kumar, Son of Shri Bashisth Singh, R/o Vill Dhanushi P.S. Runi
Saidpur, Distt. Sitamarhi.
5. Shyam Gupta, Son of late Deep Narain Shah, R/o Vill- Kokna, P.S.
Sitamarhi, District- Sitamarhi.
6. Vinod Rai, Son of Sri Ram Chandra Rai, R/o Vill Panchhor, P.S. Riga,
Distt. Sitamarhi.
7. Maiser Alam, Son of Md. Sadique, R/o Vill Riga,P.S. Riga, Distt.
Sitamarhi.
8. Arun Kumar Singh, Son of Shri Bishwa Nath Singh, R/o of At and P.O.
Sahargama, P.S. Parihar, Distt. Sitamarhi.
9. Himachal Prasad, Son of Shri Rajeshwar Prasad Chaurasia, R/o Vill-
Sirasia Bazar, P.S. Parihar, District- Sitamarhi.
10. Pramod Kumar Parasun, Son of Sri Mahendra Singh, R/o Vill Narsama,
P.O. Rewas, P.S. Riga, District- Sitamarhi.
11. Rabindra Kumar Choudhary, Son of Sri Surajdeo Choudhary, R/o Vill
Baghari, P.S. Sursand, Distt. Sitamarhi.
12. Ajay Kumar, Son of Jai Narain Mishra, R/o Vill Dharnarhi, P.S. Surand,
Distt. Sitamarhi.
13. Shailendra Kumar Singh, Son of Sri Deo Narain Singh, R/o Vil Singrahia,
P.S. Sahiara, District- Sitamarhi.
14. Yogendra Ram, Son of Sri Ram Charitar Ram, R/o Vill and P.O.
Shahbazpur Via Riga, P.S. Riga, Distt. Sitamarhi.
15. Vinay Kumar Singh, Son of Sri Tej Narain Singh, R/o Vill Bakhri, P.S.
Patna High Court L.P.A No.598 of 2018 dt.01-05-2024
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Surshand, Distt. Sitamarhi.
16. Jitendra Prasad, Son of Shri Raj Mangal Prasad, R/o Vill Bishunpur, P.S.
Dumra, District- Sitamarhi.
17. Ganga Shah, Son of Sri Ran Nandan Shah, R/o Vill Pachhanaur, P.S.
Belsand, Distt. Sitamarhi.
18. Devendra Prasad, Son of Sri Narain Rai, R/o Vill Choupar, P.S. Nanpur,
Distt. Sitamarhi.
19. Janardan Lai Karn, Son of Sri Chandra Shekhar lal R/o Vill Pokhar Bhinda,
P.S. Pupuri, Distt. Sitamarhi.
20. Dhirendra Kumar Jha, Son of late Devikant Jha, R/o Village and P.O.
Manik Chowk, P.S. Runisaidpur, Distt. Sitamarhi.
21. Ram Naresh Shah, Son of Sri Radha Krishna Singh, R/o Village
Madhurapur, P.S. Bairgania, District- Sitamarhi.
22. Bansh Bahadur Mohto Son of Sri Parichhan Mahto, R/o Vill Ram Nagara,
P.S. Mesorganj, Distt. Sitamarhi.
23. Ram Karan Paswan, Son of Sri Ram Lakhan Paswan, R/o Vill- Bhimpur,
P.S. Runisaidpur, Distt. Sitamarhi.
24. Maheshwar Choudhary, Son of Surat Baitha, R/o Vill Riga,P.S. Riga, Distt.
Sitamarhi.
25. Ram Surat Singh, Son of Sri Ramavatar Singh, R/o Vill Ram Nagar
Riga,P.S. Riga, Distt. Sitamarhi.
26. Shiv Nath Ram, Son of Sri Sonfi Ram, R/o Vill Riga,P.S. Riga, Distt.
Sitamarhi.
27. Shiv Kumar, Son of Sri Asharfi Prasad, R/o Vill Riga,P.S. Riga, Distt.
Sitamarhi.
28. Arjun Singh, Son of Sri Ram Nandan Singh, R/o Vill- Majhaura, P.S. Riga,
Distt. Sitamarhi.
29. Sheo Pujan Singh, Son of Jamuna Singh, R/o Vill Bishanpur, P.S.
Mesourganj, Distt. Sitamarhi.
30. Ram Sewak Ram, Son of Sri Mahendra Ram, R/O Vill Dhobauli,
P.S.Dumra,Distt-Sitamarhi
31. Rabindra Kumar, Son of not known , At Present Working As Block
Agriculture Officer, Andharadhadhi, Distt-Madhubani
32. Parbhu Ram, Son of not known, At Present Working As Block Agriculture
Officer In The Office Of Sub-Divisional Agriculture Office, Sitamarhi West
-1, Distt-Sitamarhi
33. Mohit Chandra Paswan, Son of not known, At Present Working As Block
Agriculture Officer, Bandara, Distt-Muzaffarpur
34. Ram Pukar Paswan, Son of not known, At Present Working As Block
Agriculture Officer, Patedhi Belsar, Distt-Vaishali
35. Ram Das Ram, Son of not known, At Present Working As Assistant
Agriculture Officer, District Agriculture Office, Distt-Sheohar
36. Lallan Prasad, Son of not known, At Present Working As Block Officer,
Patna High Court L.P.A No.598 of 2018 dt.01-05-2024
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Tariyani, Distt-Sheohar
37. Dinesh Kumar Paswan, Son of not known, At Present Working As
Agriculture Inspector Prakhetra, Distt-East Champaran At Motihari
38. Arun Kumar, Son of not known, At Present Working As Assistant
Agriculture Officer , District Ariculture Office, Distt-Arwal
39. Hans Lal Ram, Son of not known , At Present Working As Block
Agriculture Officer -Mehesi, Distt-Saharsa
40. Ram Chandra Ram, Son of not known, At Present Working As Block
Agriculture Officer-Chausa,Distt-Madhepura
41. Vinod Kumar, Son of not known, At Present Working As Block Agriculture
Offficer-Barharakothi, Disttt-Purnea
42. Jai Kumar Ram, Son of not known, At Present Working As Block
Agriculture Officer -Hasanpur, Distt-Samastipur
43. Mahendra Kumar, Son of not known, At Present Working As Block
Agriculture Officer-Rampur, Distt-Bhabhua
44. Rajesh Kumar, Son of not knowan, At Present Working As Block
Agriculture Officer-Gamharia, Distt-Madhepura
45. Gopalji Prasad, Son of not known, At Present Working As Block
Agriculture Officer-Sanjhauli, Distt-Rohtas Sasaram
46. Shree Nandji Ram, Son of not known, At Present Working As Block
Agriculture Officer-Suryapura, Distt-Rohtas Sasaram
47. Thakur Prasad Paswan, Son of not known, At Present Working As Assistant
Agriculture Officer , Disrict Agriculture Office, Distt-Bhabhua Kaimur
48. Mahesh Chaudhary, Son of not known, At Present Woeking As Block
Agriculture Officer- Maskaur, Distt-Nawada
49. Chandra Bhushan Shahi, Son of not known, At Present Working As Block
Agriculture Offficer-Pipradhi,Distt-Sheohar
50. Shree Prabhat Son of not known, At Present Working As Assistant Research
Officer , Soil Testing Laboratory, Distt-Madhubani
51. Vinay Kumar, Son of not known, At Present Working As Block Agriculture
Officer -Sheohar, Distt-Sheohar
52. Harun Rashid, Son of not known, At Present Working In District
Agriculture Office, Muzaffarpur
53. Ashok Kumar Panjiar, Son of not known, At Present Working As Block
Agriculture Officer , Kusheshwar Sthan, DarbhangaEast, Distt-Darbhanga
54. Muneshwar Prasad Singh, Son of not known, At Present Working As
Assistant Sub Divisional Officer, Deputy Agriculture Inspector Farm
Office, Soil Test Laboratory, Distt-Purnea
55. Nagendra Purbe, Son of not known , At Present Working As Assistant
Agriculture Officer, Distt-Agriculture Office, Distt-Kishanganj.
56. Shami Kapur Das, Son of not known, At Present Working As Assistant Jute
Extension Officer, Distt-Agriculture Office, Distt-Buxar
57. Jai Prakash Mishra, Son of not known, At Present Working As Assistant
Patna High Court L.P.A No.598 of 2018 dt.01-05-2024
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Jute Extension Officer, District Agriculture Office , Distt-Darbhanga
58. Ram Balak Singh, Son of not known, At Present Working As Assistant
Agriculture Officer , District Agriculture Office, Distt-Jehanabad
59. Md. Reyaz Ali, Son of not known, At Present Working As Block
Agriculture Officer Andharathadhi,Distt-Madhubani
60. Anil Kumar, Son of not known, At Present Working As Block Agriculture
Officer-Nawanagar, Distt-Buxar
61. Janki Raman Prasad, Son of not known, At Present Working As Assistant
Sub Divisional Officer, Joint Agriculture Director Adoptive Research Distt-
Patna
62. Awadhesh Kumar, Son of not known , At Present Working As Block
Agriculture Officer-Bhagwanpur, Distt-Vaishali
63. Shatrughan Pandit, Son of not known, At Present Working As Assistant Jute
Extension Officer, District Agriculture Office, Distt-Muzaffarpur
64. Shambhu Singh, Son of not known, At Present Working As Technical
Officer, Project Officers Office Diyara Development Mithapur, Distt.
Patna.
65. Rajesh Jha, Son of not known, At Present Working as Assistant Sub
Divisional Officer, Deputy Agriculture Inspector(Farm) Office, Soil Test
Laboratory, Distt. Saharsa.
66. Kamaldeo Prasad, Son of not known, At Present Working As Block-
Agriculture Officer- Lahladpur, Distt. Saran, Chhapra.
67. Ratnesh Kumar, Son of not known, At Present Working As Block
Agriculture Officer-Fenhara, Distt. East Champaran.
68. Surya Prasad, Son of not known, At Present Working As Block Agriculture
Officer Chakki, Distt. Buxar.
69. Md. Nasim Ansari, Son of not known, At Present Working As Block
Agriculture Officer Raghopur, Distt. Vaishali.
70. Ajit Kumar, Son of not known, At Present Working As Block Agriculture
Officer- Dariyapur, Distt. Saran, Chhapra.
71. Rambabu Sha, Son of not known, At Present Working As Block Agriculture
Officer Aadapur, Distt. East Champaran.
72. Vivekanand Jha, Son of not Known, At Present Working As Block
Agriculture Officer Banipatti, Distt. Madhubani.
73. Ajay Kumar Jha Ajay, Son of not known, At Present Working As Block
Agriculture Officer- Rahika, Distt. Madhubani.
74. Vinod Kumar, Son of not known, At Present Working As Block Agriculture
Officer- Chand, Distt. Bhabhua(Kaimur).
75. Prem Nath Singh, Son of not known, At Present Working As Block
Agriculture Officer- Muraul, Distt.- Muzaffarpur.
76. Upendra Kumar, Son of not known, At Present Working As Block
Agriculture Officer- Bankatwa, Distt. East Champaran.
77. Bimalesh Kumar Mishra, Son of not known, At Present Working As Block
Agriculture Officer- Harlakhi, Distt. Madhubani.
Patna High Court L.P.A No.598 of 2018 dt.01-05-2024
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78. Md. Abulesh Anwar, Son of not known, At Present Working As Block
Agriculture Officer (Leave Reserved), Joint Agriculture Director Office,
Distt. Muzaffarpur.
79. Md. Quamre Alam, Son of not known, At Present Working As Block
Agriculture Officer- Areraj, Distt. East Champaran.
80. Ajay Kumar Singh, Son of not known, At Present Working As Block
Agriculture Officer- Lauriya, Distt. East Champaran.
81. Nasimuddin Ansari, Son of not known, C/o District Agriculture Officer
East Champaran.
82. Shree Lal Prasad, Son of not known, At Present Working As Block
Agriculture Officer- Hathuya, Distt. Gopalganj.
83. Md. Mustafa, Son of not Known, At Present Working As Assistant Sub
Divisional Officer, Deputy Agriculture Inspector (Farm) Office, Soil
Testing Laborartoy, Distt. Saran, Chhapra.
84. Shree Krishnadeo Choudhary, Son of not known, At Present Working As
Block Agriculture Officer Tilauthu, Distt. Rohtas, Sasaram.
85. Vinay Kumar, Son of not known, At Present Working As Block Agriculture
Officer- Bagaha- I, Distt. West Champaran.
86. Arun Kumar Son of not Known, At Present Working As Block Agriculture
Officer Nawada, Distt. Nawada.
87. Triveni Yadav, Son of not known, At Present Working As Block Agriculture
Officer- Bathanaha, Distt.- Sitamarhi.
88. Jitendra Kumar, Son of not known, At Present Working As Block
Agriculture Officer- Kalubahi, Distt. Madhubani.
89. Raj Bihari Harijan, Son of Not Known, At Present Working As Block
Agriculture Officer- Hisua, Distt. Nawada.
90. Sahdeo Rai, Son of not Known, At Present Working As Block Agriculture
Officer- Lakhanaur, Distt. Sitamarhi.
91. Ashok Kumar, Son of Not known, At Present Working As Block
Agriculture Officer- Bairganiya, Distt. Sitamarhi.
92. Anil Kumar, Son of Not Known, At Present Working As Block Agriculture
Officer- Bithan, West Champaran.
93. Rajesh Choudhary, Son of Not Known, At Present Working As Block
Agriculture Officer- Dhanaruya, Distt. Patna.
94. Janardan Prasad Yadav, Son of Not Known, At Present Working As Block
Agriculture Officer- Parsa, Distt. Saran, Chhapra.
95. Mithilesh Prasad, Son of Not Known, At Present Working As Block
Agriculture Officer- Yogapatti, West Champaran.
96. Shyam Sundar Mishra, Son of Not Known, At Present Working As Block
Agriculture Officer- Shifvajinagar, Distt. Samastipur.
97. Sanjay Kumar Sinha, Son of Not Known, Assistant Research Officer Soil
Testing Laboratory, Distt. Munger.
98. Anil Kumar, Son of Not known, At Present Working As Block Agriculture
Officer- Ghanshyampur, Distt. Darbhanga.
Patna High Court L.P.A No.598 of 2018 dt.01-05-2024
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99. Girija Nandan Ram, Son of Not Known, At Present Working As Block
Agriculture Officer- Aghaura, Distt. Kaimur, Bhabhua.
100. Abhishek Kumar, Son of Not Known, At Present Working As Block
Agriculture Officer- Chhaurahi, Distt. Begusarai.
101. Kailash Choudhary, Son of Not Known, At Present Working As Block
Agriculture Officer- Birpur, Begusarai.
102. Rajeshwar Ram, Son of Not Known, At Present Working As Block
Agriculture Officer- Ghadpura, Distt. Begusarai.
103. Vijay Rajak, Son of Not Known, At Present Working As Block Agriculture
Officer- Tekari, Distt. Gaya.
104. Amarendra Kumar Son of Not Known, At Present Working As Block
Agriculture Officer- Karakat, Distt. Rohtas,Sasaram.
105. Guru Charan Choudhary, Son of Not Known, At Present Working As Block
Agriculture Officer Matihani, Begusarai.
106. Om Prakash Son of Not Known, At Present Working As Block Agriculture
Officer- Khodavanpur, Distt.- Begusarai.
107. Umesh Prasad, Son of Not Known, At Present Working As Block
Agriculture Officer- Barauni, Distt. Begusarai.
108. Ramdeo Paswan, Son of Not Known, At Present Working As Block
Agriculture Officer- Teghara, Begusarai.
109. Chandra Bhushan Paswan, Son of Not Known, At Present Working As
Block Agriculture Officer- Baliya, Begusarai.
110. Saryug Ravidas, Son of Not Known, At Present Working As Block
Agriculture Officer- Dharhara, Distt. Munger.
111. Ganauri Prasad, Son of Not Known, At Present Working As Block
Agriculture Officer- Chanan, Distt. Lakhisarai.
112. Harihar Paswan, Son of Not Known, At Present Working As Block
Agriculture Officer- Ramgardh, Distt. Lakhisarai.
113. Indradeo Das, Son of Not Known, At Present Working As Block
Agriculture Officer Ghat Kutumba, Distt. Shekhapura.
114. Ishwari Ram, Son of Not Known, At Present Working As Block Agriculture
Officer- Ariyari, Distt. Shekhpura.
115. Satyendra Chaudhary, Son of Not Known, At Present Working As Block
Agriculture Officer- Gurua, Distt. Gaya.
116. Madhusudan Rajak, Son of Not Known, At Present Working As Block
Agriculture Officer-Patarghat, Distt. Saharsa.
117. Devanand Rajak, Son of Not Known, At Present Working As Block
Agriculture Officer- Bhabhua At Bhabhua, Distt. Bhabhua.
118. Bindeshwar Ram, Son of Not Known, At Present Working As Block
Agriculture Officer- Rafiganj, Distt. Aurangabad.
119. Arvind Ravidas, Son of Not Known, At Present Working As Block
Agriculture Officer- Goh, Distt. Aurangabad.
120. Manohar Lal, Son of Not Known, At Present Working As Block Agriculture
Patna High Court L.P.A No.598 of 2018 dt.01-05-2024
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Officer- Navinagar, Distt. Aurangabad.
121. Kapildeo Paswan, Son of Not Known, At Present Working As Block
Agriculture Officer- Vaishali , Distt. Vaishali.
122. Shankar Ram, Son of Not Known, At Present Working As Block
Agriculture Officer- Akharigola, Rohtas, Sasaram.
123. Ramadhar Choudhary, Son of Not Known, At Present Working As Block
Agriculture Officer- Kesath, Distt. Buxar.
124. Ramdeo Ram, Son of Not Known, At Present Working As Block
Agriculture Officer- Hilsha, Distt. Nalanda.
125. Mahendra Kumar, Son of Not Known, At Present Working As Block
Agriculture Officer- Guraru, Distt. Gaya.
126. Dilip Rajak, Son of Not Known, At Present Working As Block Agriculture
Officer- Madanpur, Aurangabad.
127. Surya Kumar Ram, Son of Not Known, At Present Working As Block
Agriculture Officer0 Tharthari, Nalanda.
128. Moti Ravidas Son of Not Known, At Present Working As Block Agriculture
Officer- Ghosavari, Distt. Patna.
129. Mohas Das, Son of Not Known, At Present Working As Block Agriculture
Officer- Mainatard, Distt. West Champaran, Motihari.
130. Awadhesh Kumar, Son of Not Known, At Present Working As Block
Agriculture Officer- Dhauraiya, Banka.
131. Rajendra Chaudhary, Son of Not Known, At Present Working As Block
Agriculture Officer- Bihpur, Distt. Bhagalpur.
132. Shailendra Prasad, Son of Not Known, At Present Working As Block
Agriculture Officer- Modanganj, Distt. Jehanabad.
133. Chhotelal Choudhary, Son of Not Known, At Present Working As Block
Agriculture Officer- Ratni Faridpur, Distt. Jehanabad.
134. Dilip Rajak Son of Not Known, At Present Working As Block Agriculture
Officer- Suryagadha, Lakhisarai.
135. Jitendra Kumar Das, Son of Not Known, At Present Working As Block
Agriculture Officer- Arwal, Distt. Arwal.
136. Sumeshwar Kumar Mehta, Son of Not Known, At Present Working As
Block Agriculture Officer- Bodhgaya, Distt. Gaya.
137. Jaykant Rajak, Son of Not Known, At Present Working As Block
Agriculture Officer-Dumriya, Distt. Gaya.
138. Saroj Kumar Mehta, Son of Not Known, At Present Working as Assistant
Sub -Divisional Officer, Soil, Test Laboratory, Distt. Gaya.
139. Anil Choudhary, Son of Not Known, At Present Working As Block
Agriculture Officer-Murha, Distt. Gaya.
140. Vijay Kumar Das, Son of Not Known, At Present Working As Block
Agriculture Officer-Sonbhadra Vanshisurajpur, Distt- Arwal.
141. Suresh Rajbanshi, Son of Not Known, At Present Working As Block
Agriculture Officer- Deo, Distt. Aurangabad.
Patna High Court L.P.A No.598 of 2018 dt.01-05-2024
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142. Sanjay Kumar Son of Not Known, At Present Working As Block
Agriculture Officer- Katarisarai, Distt. Nalanda.
143. Anuj Kumarn Sharma, Son of Not Known, At Present Working as Assistant
Sub-Divisional Officer Deputy Agriculture Inspector (Farm)Office, Distt.
Arrah.
144. Shok Paswan, Son of Not Known, At Present Working As Block
Agriculture Officer-Athmalgola, Distt. Patna.
145. Vinod Ravidas, Son of Not Known, At Present Working As Block
Agriculture Officer-Daudnagar, Distt. Aurangabad.
146. Kapil Kumar, Son of Not known, At Present Working As Block Agriculture
Officer-- Kutumba, Distt. Aurangabad.
147. Sukhdeo Mehta, Son of Not Known, At Present Working As Block
Agriculture Officer-- Wazirganj, Distt. Gaya.
148. Keshav Kumar Shahi, Son of Not Known, At Present Working As Block
Agriculture Officer- Chiraiya, Distt. East Champaran.
149. Ramandand Das, Son of Not Known, At Present Working As Block
Agriculture Officer-Harsidhi, Distt. East Champaran.
150. Dilip Kumar, Son of Not Known, At Present Working As Block Agriculture
Officer- Bhitahan, Distt. West Champaran.
151. Prahlad Mishra, Son of Not Known, At Present Working As Assistant Sub
Divisional Officer Soil Test Laboratory, Sitamarhi, Distt. Sitamarhi.
152. Jagdish Prasad Sinha, Son of Not Known, At Present working as Audio
Visual and Superisor, Office of Deputy Assistant Director, (Information),
Patna.
153. Arun Kumar Chaudhary, Son of Not Known, At Present Working as
Assistant Sub- Divisional Officer, Joint Agriculture Director(Adoptive
Research), Patna.
154. Ajay Kumar, Son of Not Known, At Present Working As Block Agriculture
Officer-Sikata, Distt. West Champaran.
155. Vijay Kumar, Son of Not Known, At Present Working As Assistant Sub
Divisional Officer Joint Agriculture , Director (Adoptive Research), Distt.
Patna.
156. Urvashi Verma, Son of Not Known, At Present Working As Assistant Sub-
Divisional Officer, Soil Test Laboratory, Purnea, Distt-Purnea
157. Nawal Kishore Singh, Father's Name Not Known, At Present Working As
Assistant Sub-Divisional Officer Joint Agriculture, Director Adoptive
Research, Distt.- Patna
158. Triloki Thakur, Father's Name Not Known, At Present Working As Block
Agriculture Officer, Sonbarsha, Distt.- Sitamarhi
159. Rajdeo Ram, Father's Name Not Known, At Present Working As Block
Agriculture Officer, Singhwara, Distt.- Darbhanga
160. Abhay Kumar Father's Name Not Known, At Present Working As Assistant
Sub-Divisional Officer, Deputy Agriculture Director, Central Soil Test
Laboratory, Patna, Distt.- Patna
Patna High Court L.P.A No.598 of 2018 dt.01-05-2024
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161. Pran Nath Singh, Father's Name Not Known, At Present Working As
Assistant Sub-Division Officer Soil Test Laboratory, Samastipur, Distt.-
Samastipur.
162. Ajay Kumar Father's Name Not Known, At Present Working As Block
Agriculture Officer, Banjariya, Distt.- East Champaran
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 602 of 2018
In
Civil Writ Jurisdiction Case No.17531 of 2009
======================================================
1. The State Of Bihar.
2. The Principal Secretary, Agriculture Deptt., Govt. of Bihar, Patna.
3. The Secretary,Agriculture Education Council, Bihar, Patna.
4. The Joint Secretary, Agriculture Deptt., Govt. of Bihar, Patna.
5. The Director, Agriculture Deptt. Govt. of Bihar, Patna.
6. The Deputy Director, Agriculture Education Mithapur Farm, Bihar, Patna.
7. The Collector, Town and Distt. Sitamarhi.
8. The District Agriculture Officer, Sitamarhi.
9. The Establishment Deputy Collector, Sitamarhi, Distt. - Sitamarhi.
... ... Appellant/s
Versus
1. Surya Mohan Jha, S/o Shri Sri Narain Jha R/o Vill. - Manik Chauk, P.S. -
Runni Saidpur, Distt. - Sitamarhi.
2. Vinay Kant Pathak S/o Sri Surya Kant Pathak R/o Vill. - Bathnaha, P.S. -
Bathnaha, Distt. - Sitamarhi.
3. Anand Kishore Sharan S/o Sri Raj Nandan Sharan R/o Vill. and P.S. Runni
Saidpur, Distt. - Sitamarhi.
4. Chakradhar Jha S/o Late Kashi Nath Jha R/o Vill. - Manik Chauk, P.S. -
Runni Saidpur, Distt. - Sitamarhi.
5. Chandra Bhushan Shahi S/o Shiv Sundar Shahi R/o Vill. - Panth Pakar, P.S. -
Bathnaha, Distt. - Sitamarhi, At present posted as Block Agriculture Officer,
Piprahi, Distt. - Sheohar.
6. Bimlesh Kumar Mishra S/o Sri Sarvjeet Mishra R/o Vill. - Sahbajpur, P.S.
Riga, Distt. - Sitamarhi, at present posted as Block Agriculture Officer,
Harlkahi, Distt. - Madhubani.
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 598 of 2018)
For the Appellant/s : Mr. Raghwanand, G.A.11
Mr. Prabhat Kumar, AC to GA-11
Patna High Court L.P.A No.598 of 2018 dt.01-05-2024
10/18
For the Respondent/s : Mr.
(In Letters Patent Appeal No. 602 of 2018)
For the Appellant/s : Mr. Raghwanand, G.A.11
Mr. Prabhat Kumar, AC to GA-11
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 01-05-2024
Ref: I.A. No. 4067 of 2018 in L.P.A. No.598 of 2018 and I.A.
No. 02 of 2018 (4070 of 2018) in L.P.A. No. 602 of 2018
Heard I.A. No. 4067 of 2018 in L.P.A. No.598 of
2018 and I.A. No. 02 of 2018 (4070 of 2018) in L.P.A. No. 602
of 2018 for condonation of delay of about 03 years and 157
days insofar as filing of L.P.A. No. 598 of 2018 and L.P.A. No.
602 of 2018 in which order of the learned Single Judge dated
20.10.2014
passed in C.W.J.C. No. 18382 of 2009 and C.W.J.C.
No. 17531 of 2009 are assailed. The aforesaid Interlocutory
Applications are hopelessly drafted without indicating number
of days of delay. In paragraph Nos. 01, 10 and 12 number of
days have been left it blank. In fact, the office should have
raised objection.
2. Be that as it may, sufficient cause has not been
revealed so as to condone the enormous delay of 03 years and
157 days. Recently, Hon'ble Supreme Court in the case of
Patna High Court L.P.A No.598 of 2018 dt.01-05-2024
Mrinmoy Maity v. Chhanda Koley, reported in 2024 SCC
OnLine SC 551, elaborately considered in respect of delay in
filing litigations. In para -10 to 14, it is held as under:-
"10. The discretion to be exercised
would be with care and caution. If the delay which
has occasioned in approaching the writ court is
explained which would appeal to the conscience of
the court, in such circumstances it cannot be
gainsaid by the contesting party that for all times
to come the delay is not to be condoned. There may
be myriad circumstances which gives rise to the
invoking of the extraordinary jurisdiction and it all
depends on facts and circumstances of each case,
same cannot be described in a straight jacket
formula with mathematical precision. The ultimate
discretion to be exercised by the writ court depends
upon the facts that it has to travel or the terrain in
which the facts have travelled.
11. For filing of a writ petition, there is no
doubt that no fixed period of limitation is
prescribed. However, when the extraordinary
jurisdiction of the writ court is invoked, it has to be
seen as to whether within a reasonable time same
has been invoked and even submitting of
memorials would not revive the dead cause of
action or resurrect the cause of action which has
had a natural death. In such circumstances on the
ground of delay and latches alone, the appeal
ought to be dismissed or the applicant ought to be
non-suited. If it is found that the writ petitioner is
guilty of delay and latches, the High Court ought to
dismiss the petition on that sole ground itself, in as
much as the writ courts are not to indulge in
permitting such indolent litigant to take advantage
of his own wrong. It is true that there cannot be
any waiver of fundamental right but while
exercising discretionary jurisdiction under Article
226, the High Court will have to necessarily take
into consideration the delay and latches on the part
of the applicant in approaching a writ court. This
Court in the case of Tridip Kumar Dingal v. State
Patna High Court L.P.A No.598 of 2018 dt.01-05-2024
of W.B., (2009) 1 SCC 768 has held to the
following effect:
"56. We are unable to uphold the contention. It
is no doubt true that there can be no waiver of
fundamental right. But while exercising
discretionary jurisdiction under Articles 32, 226,
227 or 136 of the Constitution, this Court takes
into account certain factors and one of such
considerations is delay and laches on the part of
the applicant in approaching a writ court. It is well
settled that power to issue a writ is discretionary.
One of the grounds for refusing reliefs under
Article 32 or 226 of the Constitution is that the
petitioner is guilty of delay and laches.
57. If the petitioner wants to invoke jurisdiction
of a writ court, he should come to the Court at the
earliest reasonably possible opportunity.
Inordinate delay in making the motion for a writ
will indeed be a good ground for refusing to
exercise such discretionary jurisdiction. The
underlying object of this principle is not to
encourage agitation of stale claims and exhume
matters which have already been disposed of or
settled or where the rights of third parties have
accrued in the meantime (vide State of M.P. v.
Bhailal Bhai, [AIR 1964 SC 1006 : (1964) 6 SCR
261], Moon Mills Ltd. v. Industrial Court, [AIR
1967 SC 1450] and Bhoop Singh v. Union of India,
[(1992) 3 SCC 136 : (1992) 21 ATC 675 : (1992) 2
SCR 969]). This principle applies even in case of
an infringement of fundamental right (vide
Tilokchand Motichand v. H.B. Munshi, [(1969) 1
SCC 110], Durga Prashad v. Chief Controller of
Imports & Exports, [(1969) 1 SCC 185] and
Rabindranath Bose v. Union of India, [(1970) 1
SCC 84]).
58. There is no upper limit and there is no lower
limit as to when a person can approach a court.
The question is one of discretion and has to be
decided on the basis of facts before the court
depending on and varying from case to case. It will
depend upon what the breach of fundamental right
and the remedy claimed are and when and how the
Patna High Court L.P.A No.598 of 2018 dt.01-05-2024
delay arose."
12. It is apposite to take note of the dicta
laid down by this Court in Karnataka Power
Corportion Ltd. v. K. Thangappan, (2006) 4 SCC
322 whereunder it has been held that the High
Court may refuse to exercise extraordinary
jurisdiction if there is negligence or omissions on
the part of the applicant to assert his right. It has
been further held thereunder:
"6. Delay or laches is one of the factors which
is to be borne in mind by the High Court when they
exercise their discretionary powers under Article
226 of the Constitution. In an appropriate case the
High Court may refuse to invoke its extraordinary
powers if there is such negligence or omission on
the part of the applicant to assert his right as taken
in conjunction with the lapse of time and other
circumstances, causes prejudice to the opposite
party. Even where fundamental right is involved
the matter is still within the discretion of the Court
as pointed out in Durga Prashad v. Chief
Controller of Imports and Exports, [(1969) 1 SCC
185 : AIR 1970 SC 769]. Of course, the discretion
has to be exercised judicially and reasonably.
7. What was stated in this regard by Sir Barnes
Peacock in Lindsay Petroleum Co. v. Prosper
Armstrong Hurd, [[L.R.] 5 P.C. 221 : 22 WR 492]
(PC at p. 239) was approved by this Court in Moon
Mills Ltd. v. M.R. Meher, [AIR 1967 SC 1450] and
Maharashtra SRTC v. Shri Balwant Regular Motor
Service, [(1969) 1 SCR 808 : AIR 1969 SC 329].
Sir Barnes had stated:
"Now, the doctrine of laches in courts of
equity is not an arbitrary or a technical
doctrine. Where it would be practically
unjust to give a remedy either because the
party has, by his conduct done that which
might fairly be regarded as equivalent to a
waiver of it, or where by his conduct and
neglect he has though perhaps not waiving
that remedy, yet put the other party in a
situation in which it would not be reasonable
to place him if the remedy were afterwards
Patna High Court L.P.A No.598 of 2018 dt.01-05-2024
to be asserted, in either of these cases, lapse
of time and delay are most material. But in
every case, if an argument against relief,
which otherwise would be just, is founded
upon mere delay, that delay of course not
amounting to a bar by any statute of
limitation, the validity of that defence must
be tried upon principles substantially
equitable. Two circumstances always
important in such cases are, the length of the
delay and the nature of the acts done during
the interval which might affect either party
and cause a balance of justice or injustice in
taking the one course or the other, so far as
it relates to the remedy."
8. It would be appropriate to note certain
decisions of this Court in which this aspect has
been dealt with in relation to Article 32 of the
Constitution. It is apparent that what has been
stated as regards that article would apply, a
fortiori, to Article 226. It was observed in
Rabindranath Bose v. Union of India, [(1970) 1
SCC 84 : AIR 1970 SC 470] that no relief can be
given to the petitioner who without any reasonable
explanation approaches this Court under Article 32
after inordinate delay. It was stated that though
Article 32 is itself a guaranteed right, it does not
follow from this that it was the intention of the
Constitution-makers that this Court should
disregard all principles and grant relief in petitions
filed after inordinate delay.
9. It was stated in State of M.P. v. Nandlal
Jaiswal, [(1986) 4 SCC 566 : AIR 1987 SC 251]
that the High Court in exercise of its discretion
does not ordinarily assist the tardy and the indolent
or the acquiescent and the lethargic. If there is
inordinate delay on the part of the petitioner and
such delay is not satisfactorily explained, the High
Court may decline to intervene and grant relief in
exercise of its writ jurisdiction. It was stated that
this rule is premised on a number of factors. The
High Court does not ordinarily permit a belated
resort to the extraordinary remedy because it is
likely to cause confusion and public inconvenience
Patna High Court L.P.A No.598 of 2018 dt.01-05-2024
and bring, in its train new injustices, and if writ
jurisdiction is exercised after unreasonable delay,
it may have the effect of inflicting not only hardship
and inconvenience but also injustice on third
parties. It was pointed out that when writ
jurisdiction is invoked, unexplained delay coupled
with the creation of third-party rights in the
meantime is an important factor which also weighs
with the High Court in deciding whether or not to
exercise such jurisdiction."
13. Reiterating the aspect of delay and
latches would disentitle the discretionary relief
being granted, this Court in the case of Chennai
Metropolitan Water Supply & Sewerage Board v.
T.T. Murali Babu, (2014) 4 SCC 108 has held:
"16. Thus, the doctrine of delay and laches
should not be lightly brushed aside. A writ court is
required to weigh the explanation offered and the
acceptability of the same. The court should bear in
mind that it is exercising an extraordinary and
equitable jurisdiction. As a constitutional court it
has a duty to protect the rights of the citizens but
simultaneously it is to keep itself alive to the
primary principle that when an aggrieved person,
without adequate reason, approaches the court at
his own leisure or pleasure, the court would be
under legal obligation to scrutinise whether the lis
at a belated stage should be entertained or not. Be
it noted, delay comes in the way of equity. In
certain circumstances delay and laches may not be
fatal but in most circumstances inordinate delay
would only invite disaster for the litigant who
knocks at the doors of the court. Delay reflects
inactivity and inaction on the part of a litigant -- a
litigant who has forgotten the basic norms, namely,
"procrastination is the greatest thief of time" and
second, law does not permit one to sleep and rise
like a phoenix. Delay does bring in hazard and
causes injury to the lis."
14. Having regard to the afore-stated
principles of law enunciated herein above, when
we turn our attention to facts on hand, it would not
detain us for too long for accepting the plea of the
Patna High Court L.P.A No.598 of 2018 dt.01-05-2024
appellant in affirming the order of the Learned
Single Judge and dismissing the writ petition on
the ground of delay and latches. We say so for
reasons more than one, firstly, it requires to be
noticed that the writ petitioner was a rival
applicant along with the appellant herein for grant
of LPG distributorship and she along with the
appellant herein, were found to be eligible and the
appellant herein was held to be successful by virtue
of draw of lots. This factual aspect would reflect
that the writ petitioner was aware of all the
developments including that of the allotment of
distributorship having been made in favour of the
appellant herein way back in 2014, yet did not
challenge and only on acceptance of the alternate
land offered by the appellant in March, 2017 and
permitting him to construct the godown and the
showroom. Same was challenged in the year 2017
and thereby the writ petitioner had allowed his
right if at all if any to be drifted away or in other
words acquiesced in the acts of the Corporation
and as such on this short ground itself the
appellant has to succeed. Secondly, another fact
which has swayed in our mind to accept the plea of
the appellant herein is that, undisputedly the
appropriate government had felt the need of
permitting the Oil Marketing Companies to be
more flexible and as such modification to the
guidelines had been brought about on 15.04.2015
whereby the applicants were permitted to offer
alternate land where the land initially offered by
them was found deficient or not suitable or change
of the land, subject to specifications as laid down
in the advertisement being met. There being no stiff
opposition or strong resistance to the alternate
land offered by the appellant herein not being as
per the specifications indicated in the
advertisement, we see no reason to substitute the
court's view to that of the experts namely, the
Corporation which has in its wisdom has exercised
its discretion as is evident from the report filed in
the form of affidavit by the territory manager
(LPG)/BPCL whereunder it has been stated:
"13. On the basis of xxxxxxxxxxxxxxxxxxxxx to
Patna High Court L.P.A No.598 of 2018 dt.01-05-2024
non-agricultural. In his application form the said
Respondent no. 9 had provided the Land for
godown at Plot No 3732, Khatian No LR 2585,
2586, 2587 JL No 34, Mouza Kolera, Jamalpur,
Distt Burdwan admeasuring 33 decimal. The same
was cleared based on Registered Lease Deed,
which was found to have been genuine in all
respects as confirmed by the ADSR Jamalpur.
16. The land offered by the successful
candidate, namely the Respondent no. 9 was found
to be eligible by relying on the abovementioned
clauses, which determine eligibility of the land
based on the status of ownership. The fact that the
said land was a "Barga" land is not a material
condition on the basis of which the Respondent no.
9's candidature could be cancelled.
24. Subsequently, FVC of the said newly offered
land by the LOI holder, Respondent no. 9 was
conducted and the same was found suitable for
construction of LPG Godown. A letter being DGP :
LPG OMP : Jamalpur dated 21.03.2017 was
provided to the said LOI holder informing him that
the alternate land provided is found suitable and
therefore his request to construct LPG Godown in
the said alternate land has been approved. A copy
of the said letter dated 21.03.2017 is annexed
hereto and is marked as "R-5".
25. It is therefore submitted that the steps taken
by the Respondent no. 3 in allowing the LOI
holder, Respondent no. 9, to provide alternate land
for construction of godown, have been in
consonance. with the change in policies and no
favoritism or nepotism, as suggested by the
petitioner has been in play.
32. It is further clarified that the FVC conducted
on the original land offered by the Respondent no.
9 was found to be satisfactory on all counts, and
only on the basis of this, his request for provision
of alternate land wall accepted."
3. In the light of the aforementioned principle
Patna High Court L.P.A No.598 of 2018 dt.01-05-2024
insofar as condonation of delay is concerned, the appellants
have not made out a case so as to condone the delay of about 03
years and 157 days in filing of L.P.A. No. 598 of 2018 and
L.P.A. No. 602 of 2018.
4. Accordingly, I.A. No. 4067 of 2018 and I.A. No.
02 of 2018 (4070 of 2018) stands rejected. Consequently, L.P.A.
No. 598 of 2018 and L.P.A. No. 602 of 2018 stands rejected.
Pending I.A., if any, stands disposed of.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J)
Manish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.05.2024
Transmission Date N.A
