Patna High Court
Sudhir Kumar vs The State Of Bihar on 24 June, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.531 of 2021
In
Civil Writ Jurisdiction Case No.14533 of 2019
======================================================
Sudhir Kumar Son of Shri Arjun Singh Resident of Village - Subhanpur, P.O.
- Bhatta, District- Nawada, Pin Code - 805130.
... ... Appellant/s
Versus
1. The State of Bihar .
2. The Principal Secretary, Revenue and Land Reforms Department,
Government of Bihar, Patna.
3. The Principal Secretary, General Administrative Department, Government of
Bihar, Patna.
4. The Director Land Records and Survey Department of Revenue and Land
Reforms Department Government of Bihar, Patna.
5. Amit Kumar Azad Son of Sri Shiv Shankar Yadav Resident of Mohalla
Laxmipuri, Ward No. 14, P.S. and Town and District - Madhepura.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 321 of 2021
In
CIVIL REVIEW No.402 of 2019
======================================================
Sudhir Kumar son of Arjun Singh resident of Village - Subhanpur, P.O. -
Bhatta, District- Nawada, Pin Code - 805130.
... ... Appellant/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Revenue and Land Reforms Department,
government of Bihar, Patna.
3. The Principal Secretary, General Administrative Department, Government of
Bihar, Patna.
4. The Director of Land Records and Survey Department of Revenue and Land
Reforms Department, Government of Bihar, Patna.
5. Amit Kumar Azad son of Sri Shiv Shankar Yadav Resident of Mohalla
Laxmipuri, Ward No. 14, P.S. and Town and District- Madhepura.
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 531 of 2021)
For the Appellant/s : Mr.Abhinav Srivastava, Sr. Advocate
Mr. Pushkar Bhardwaj, Advocate
Patna High Court L.P.A No.531 of 2021 dt.24-06-2025
2/5
Mr. Raushan, Advocate
For the Respondent/s : Mr.Md. Khurshid Alam (AAG12)
(In Letters Patent Appeal No. 321 of 2021)
For the Appellant/s : Mr.Abhinav Srivastava, Sr. Advocate
Mr. Pushkar Bhardwaj, Advocate
Mr. Raushan, Advocate
For the Respondent/s : Mr. Majid Mahboob Khan AC to AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 24-06-2025
Appellant has assailed the order of the learned Single
Judge dated 17.10.2019 passed in CWJC No. 14533 of 2019 and
he has also filed Civil Review No. 402 of 2019 arising out of
CWJC No. 14533 of 2019. Respondent-Amit Kumar Azad and
appellant-Sudhir Kumar and others were candidates for
selection and appointment to the post of Special Survey
Assistant Settlement Officer. Pursuant to Advertisement No. 3
of 2019 notified on 04.03.2019 by Government of Bihar
Revenue and Land Reforms Department, Directorate of Land
Records and Measurement. Respondent no. 5-Amit Kumar Azad
assailed Clause-3(ii) of the advertisement and it relates to
providing 50 per cent of horizontal reservation. It is necessary to
reproduce Clause-3(ii) and it reads as under:-
"(ii) बबिहहार रहाज्य कक य ण
सरकहाररी अबभियत्र
महहावविदहालय सक बसवविल य जीबनियररयग
इज ममें स्निहातक पहाप
Patna High Court L.P.A No.531 of 2021 dt.24-06-2025
अभ्यबरर्थिययों कक बलए सभिजी आरक्षण ककोवटि ममें 50 पबतशत
क्षक्षैबतज आरक्षण लहाग ग हकोगहा।"
2. The aforementioned clause was set aside in CWJC
No. 14533 of 2019 on 17.10.2019. The appellant-Sudhir Kumar
is beneficiary of Clause-3(ii) among others. He was aggrieved
by the order of the learned Single Judge dated 17.10.2019
passed in CWJC No. 14533 of 2019 and filed Civil Review No.
402 of 2019. The same was rejected on 25.03.2021, hence these
two LPAs insofar as assailing the order of the learned Single
Judge dated 17.10.2019 passed in CWJC No. 14533 of 2019 and
order dated 25.03.2021 passed in Civil Review No. 402 of 2019
in CWJC No. 14533 of 2019.
3. Mr. Abhinav Srivastava, learned senior counsel for
the appellant submitted that State being the contesting
respondent in CWJC No. 14533 of 2019, crucial documents
have not been placed and apprised to the extent that Clause-3(ii)
of the advertisement cited (supra) insofar as 50 per cent of the
horizontal reservation is applicable to the post of Special Survey
Assistant Settlement Officer. In this regard, he is relying on
resolution dated 17.09.2018 (Annexure-R2 to the Civil Review)
resolution dated 10.11.2018 (Annexure-R3 to Civil Review) and
resolution dated 27.02.2019(Annexure-R4 to Civil Review).
Patna High Court L.P.A No.531 of 2021 dt.24-06-2025
These three documents were essential for the purpose of
determining whether the post of Special Survey Assistant
Settlement Officer could be provided horizontal reservation of
50 per cent or not. In not assisting the learned Single Judge on
behalf of the State, resultantly, the learned Single Judge has set
aside Clause-3(ii) of the Advertisement No. 3 of 2019 notified
on 04.03.2019. It is a serious error on behalf of the State in not
providing sufficient material information to the extent whether
50 per cent of horizontal reservation is applicable to the post of
Special Survey Assistant Settlement Officer or not.
4. Having regard to the date of advertisement read with
the pendency of litigation for about six years, we could have
decided the matter on merit. However, in the light of later
development after disposal of CWJC No. 14533 of 2019 certain
persons rights were stated to have been created and they have to
be heard in the matter.
5. In the light of these facts and circumstances, the
appellants have made out a case so as to interfere with the order
of the learned Single Judge dated 17.10.2019 passed in CWJC
No. 14533 of 2019 read with the order dared 25.03.2021 passed
in Civil Review No. 402 of 2019, are set aside and CWJC No.
14533 of 2019 is restored on the file.
Patna High Court L.P.A No.531 of 2021 dt.24-06-2025
6. Both the LPA are allowed in part.
7. The matter is remanded to the learned Single Judge to
decide CWJC No. 14533 of 2019 afresh. Since appellants were
not party to CWJC No. 14533 of 2019 and their rights have
been affected by virtue of the order of the learned Single Judge
therefore, they are permitted to file interlocutory application to
implead themselves as necessary and proper party. At the same
time State departments are also hereby directed to insist before
the learned Single Judge to implead such of those persons
whose rights are likely to be affected, in the event of allowing
CWJC No. 14533 of 2019 or dismissing.
8. Registry is requested to list CWJC No. 14533 of 2019
before the concerned roster Bench on 01.08.2025.
(P. B. Bajanthri, J)
(S. B. Pd. Singh, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.06.25
Transmission Date NA
