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Patna High CourtCWJC/2089/2025disposed

Chandrashekhar Yadav, v. The State Of Bihar

2025-02-11Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2089 of 2025 ====================================================== 1.

Chandrashekhar Yadav, Son of Ramjee Yadav, Resident of Village Dhar English, P.S.- Sabour, District- Bhagalpur.

2.

Rajesh Kumar Bharti, Son of Krishana Kant Yadav, resident of Village Sabour, P.S.- Sabour, A District- Bhagalpur.

3.

Tarun Kumar Yadav, Son of Parmanand Prasad, Resident of Village Dhar English, P.S.- Sabour, District- Bhagalpur.

4.

Birendra Kumar, Son of Ramdular Yadav, resident of Village- Rangra Tola, P.S Sabour, District- Bhagalpur.

5.

Rohit Kumar, Son of Uma Shankar Mandal, Resident of Village- Rani Talaw, P.S. Zero Mile, District- Bhagalpur.

6.

Dayanand Kumar, Son of Vivekanand Mandal, resident of Village- Farka, P.S.- Sabour, District- Bhagalpur.

7.

Bibhuti Kumar Mandal, Son of Mahadev Mandal, resident of VillageNautolia Chouka, Fatehpur, P.S.- Sabour, District- Bhagalpur. 8.

Sahil Kumar, Son of Mandip Yadav, Resident of Village English, P.S.- Sabour, District- Bhagalpur.

9.

Ramesh Kumar Yadav, Son of Devmuni Yadav, Resident of Village English, P.S.- Sabour, District- Bhagalpur.

10.

Ranjay Kumar Yadav, Son of Ram Pravesh Yadav, Resident of Village English, P.S.- Sabour, District- Bhagalpur.

11.

Yogendra Kumar, Son of Gopal Prasad Yadav, Resident of Village English, P.S.- Sabour, District- Bhagalpur.

12.

Rohit Kumar Thakur, Son of Mahesh Thakur, Resident of Village- Arya Tola, P.S.- Sabour, District- Bhagalpur.

13.

Etvari Mandal, Son of Khudari Mandal, resident of Village Navtolia, Fatehpur, P.S.- Sabour, District- Bhagalpur.

14.

Jitan Kumar, Son of late Fulkeshwar Mandal, resident of Village- Chaytola, P.S.- Rasalpur, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar Through Home Secretary, Government of Bihar, Main Secretariat, Patna.

2.

The Home Secretary, Government of Bihar, Main Secretariat Patna. 3.

The Director General of Police, Home Guard, Main Secretariat Patna. 4.

That District Magistrate, Bhagalpur, District- Bhagalpur. 5.

The Commandant Home Guard Bhagalpur, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

Patna High Court CWJC No.2089 of 2025(2) dt.11-02-2025 2/3 For the Petitioner/s :

Mr.Pravin Kumar Sinha, Advocate For the Respondent/s :

Mr.Government Pleader (17) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-02-2025 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present writ petition has been filed for the following relief/s :- "i. For issuance of appropriate writ/writs, order/orders, direction/directions to respondent to publish the merit list district wise instead of block wise and conduct the process of selection as per rule provided in advertisement no 2of 2011 and also to direct respondents to prepared provisional list as well as merit list on district wise not block wise.

ii. For issuance of direction to the respondent to fulfill all the vacant post under the advertisement no 2 of 2011.

iii. For issuance of appropriate writ/writs, order/orders, holding that all those merit list prepared on block level are contrary to the rule and as such are liable to cancel.

iv. For issuance of any other appropriate writ\writs, order orders, direction directions, for which petitioner may deemed entitled under the fact and circumstance of the case."

3. Learned counsel for the State has raised a preliminary objection, stating that by filing the present writ petition, the petitioner seeks a writ of mandamus, but has not filed any representation before the concerned authority.

Patna High Court CWJC No.2089 of 2025(2) dt.11-02-2025 3/3

4. In response thereto, learned counsel for the petitioners submits that although he has not annexed a copy of the representation, but he has stated in paragraph 25 of the writ petition that a representation has been filed by the petitioners for the redressal of their grievances.

5. It is a basic principle of pleading that any petition must be supported by the relevant annexures, which are lacking in the present writ petition. However, in the interest of justice, this Court hereby grants liberty to the petitioner to file a fresh representation before the District Magistrate, Bhagalpur, within 30 days from today, along with a copy of this order, raising all the claims mentioned in the present writ petition. Thereafter, the District Magistrate shall pass an order on the representation within 90 days from the date of filing the fresh representation, in accordance with the law, considering all the cases referred to by the petitioners in the writ petition.

(Dr. Anshuman, J) Ashwini/- U