Patna High Court
Mahiuddin Khan vs The State Of Bihar on 4 August, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11673 of 2025
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1. Mahiuddin Khan son of - Late Hasan Raja Khan, resident of Pateji P.S.
Asaon, District - Siwan.
2. Birsa Bari son of Late Somay Bari, resident of village Chhota Khunta,
Chaibasa, P.S -Mufassil, District - West Singhbhum, State of Jharkhand.
3. Birsa Oraon son of - Damri Oraon, resident of village - Ghoratangar, P.O -
Puto, P.S- Ghagra, District - Gumla, State of Jharkhand.
4. Ravi Kumar Singh son of Ramanand Singh resident of village- Krishn Patti,
P.S- Khaira (Jamui), District - Jamui.
5. Saroj Kumar Yadav son of Ramdev Prasad Yadav, resident of village -
Tingharia, P.S -Kursela, District Katihar.
6. Aftab Alam son of - Serajuddin Khan, resident of village Sihuli, Darna,
Sherghati, P.S Amas, District - Gaya.
7. Krishna Kumar Yadav son of Sudama Singh Yadav, resident of village
Phuladhi, P.S -Sandesh, District - Bhojpur (Ara).
8. Baliram Sharma son of - Late Kamleshwar Sharma, resident of village Raja
Bazar Balti Factory, Shri Ganesh Dath Nagar, P.S - Jehanabad, District
-Jehanabad.
9. Vijay Hembrom son of - Birendra Hembrom, resident of village - Harkunda,
Prasando Haveli, Kharagpur, P.S - Haveli Kharagpur, District - Munger.
10. Umesh Paswan son of-Ramasish Paswan, resident of village Kushapar,
Karai, P.S-Ekangar Sarai Nalanda, District - Nalanda.
11. Kupul Singh Bari son of - Late Birsingh Bari, resident of village - Bamebasa
(Ratangoi), P.S Mufassil Tonto, District -West Singhbhum, State of
Jharkhand.
12. Matlub Ahmad Khan son of -Nasir Ahmad Khan, resident of village
Morwara 2, P.S Biraul, District - Darbhanga.
13. Vijay Kishor Ray son of Late Ram Chandra Ray, resident of village Ithariya,
P.S.-Karakat, District - Rohtas.
14. Nitai Chandra Pal son of - Late Pashupati Pal, resident of village Bartali, P.S
- Mufassil, District - Dumka, State of Jharkhand.
15. Banarsi Singh son of Yadunandan Singh, resident of village - Barawra,
Shivpur, P.S - Garahani, District - Bhojpur (Ara).
16. Sanjay Chaudhary son of -Krishna Chaudhary, resident of village Budhani
Chak, Milkipar, P.S - Barh, District - Patna.
17. Satendra Sharma son of - Late Jameshwari Sharma resident of village House
No. 183/6, Nasriganj, Mithila Colony (Ganghara), Dinapur Cum Khagaul,
P.S- Shahpur, District - Patna.
18. Bhole Shankar Bhandari son of -Vishnu Dev Yadav, Resident of Village-
Dhanaut, Mahuabag, P.S- Rupaspur, District -Patna.
19. Shailesh Kumar son of - Ram Chandra Singh, Resident of village - Sri
Nagar, Jaitipur, P.S - Chandi, District - Nalanda.
Patna High Court CWJC No.11673 of 2025 dt.04-08-2025
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20. Suryadev Kumar son of - Bundi Ravidas, resident of village- Alipur, Bihta
P.S- Bhaktiyarpur, District - Patna.
21. Emanual Porh son of - Uday Porh, resident of village- Birhu, Khunti, P.S -
Khunti, District - Khunti, State of Jharkhand.
22. Sanjay Kumar Rai son of - Late Ratna Shankar Singh, Resident of village-
Chilahpur Belamohan, P.S - Dumraon, District - Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department Govt.
of Bihar, Patna.
2. The Director, General of Police, Patel Bhawan, Bailey Road, Patna, Bihar.
3. The Director General, Bihar Military Police, Patel Bhawan, Bailey Road
Patna, Bihar-cum-Chairman of the Committee
4. The Inspector General of Police Budget / Appeal / Welfare, Bihar, Patna.
5. The Inspector General of Police (Head Quartr), Patel Bhawan, Bailey Road,
Patna, Bihar.
6. The Deputy Inspector General of Police, Bihar Special Armed Police
(Northern Range), Muzaffarpur.
7. The Deputy Inspector General of Police, Bihar Special Armed Police
(Central Range), Patna.
8. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
9. The Commandant, Bihar Special Arms Police - 11, Jamui.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kamlesh Kumar, Advocate
Ms. Kahkashan Alam, Advocate
For the Respondent/s : Mr. Ashutosh Kumar Upadhyay, AC to SC-9
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 04-08-2025
Heard learned Counsel for the petitioners and
learned Counsel for the State.
2. The present writ petition has been filed with the
following reliefs:-
Patna High Court CWJC No.11673 of 2025 dt.04-08-2025
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"I. For direction upon the
respondent authorities to implement
the Judgment / order dated 26.4.2024
passed in LPA No. 458 of 2021
(arising out of CWJC No. 1744 of
2020) by the Division Bench of this
Hon'ble Court and in view of the
opinion dated 6.6.2024 of the
Advocate General, Bihar, Patna, in
respect of the present petitioners
herein this case as they are similarly
situated to the appellants / petitioners
of LPA No. 458 of 2021 as they are
entitled for similar reliefs and extend
all consequential benefits/ retiral
benefits if any of them is retired
during pendency of this writ
application and to refund of
recovered amounts if any and restore
the pay-fixation/ re- fixation the
pay /pension to them in the light of
the facts that the petitioners are
entitled to 1st ACP in the scale of
Rs.4000-6000/- which had already
been allowed to them by the
respondents.
(ii) For direction to
calculate the differential amount after
fixation of pay scale and to disburse
Patna High Court CWJC No.11673 of 2025 dt.04-08-2025
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the same.
(iii) To hold that the case of
the petitioners are squarely covered
by the Judgment / order dated
26.4.2024
passed by the Division
Bench of this Hon'ble Court in LPA
No. 458 of 2021 and in terms of the
Clause 4 C (1) of Bihar State
Litigation Policy, 2011 issued under
resolution dated 31.3.2011 by the
State Govt. and they are also entitled
to be given the same and similar
benefits as has been given to the
appellants / petitioners of LPA No.
458 of 2021 and any discrimination
with the petitioners would be amount
to violation / breach of Bihar State
Litigation Policy, 2011 by the
respondent authorities in the light of
aforesaid LPA (Supra).
(iv) any other relief/ reliefs
be granted to the petitioners as so
they are found entitled in the eye of
law in the given facts and
circumstances of this case."
3. Learned Counsel for the petitioners submits that
for the grievances which is based on the decision of L.P.A.
No.458 of 2021 as well as in terms of Clause 4C(1) of the
Patna High Court CWJC No.11673 of 2025 dt.04-08-2025
Bihar State Litigation Policy, 2011. He submits that the
petitioners have filed the representation before the
Commandant vide Annexure-P/7 series, but no decision has
been taken on the representations filed by the petitioners till
date.
4. Learned Counsel for the State, on the other hand,
submits that granting relief to the petitioners is a policy matter,
which cannot be decided at the level of Commandant,
therefore, he submits that a direction may be given to the
petitioners to file their representation before the highest
authority, where a Committee has already been formed. He
submits that they should have filed the representation before
the highest authority.
5. In response thereof, Counsel for the petitioners
submits that petitioners are law abiding citizen and they have
filed representations absolutely in accordance with law. It shall
be the decision of the Commandant to refer the matter before
the highest authority, if necessary.
6. In that view of the matter, this writ petition is
disposed off directing respondent No.9 to decide the matter at
his level and, if not, he shall refer this matter before the highest
authority i.e., respondent No.3, for consideration to take
Patna High Court CWJC No.11673 of 2025 dt.04-08-2025
decision on the representation of the petitioners within 90
days from the date of receipt/production of a copy of this
order.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.08.2025
Transmission Date
