Pradip Kumar @ Pradeep Kumar Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3251 of 2022 ====================================================== 1.
Pradip Kumar @ Pradeep Kumar Shah Son of Late Sita Ram Resident of At Kumarpur, P.O.- Katahara, P.S.- Sultanganj, District- Bhagalpur. 2.
Anju Kumari Wife of Pradip Kumar Sah Resident of At Kumarpur, P.O.- Katahara, P.S.- Sultanganj, District- Bhagalpur. 3.
Kailash Bihari Son of Dinesh Sah Resident of At Chauhaddi, P.O.- Narayanpur, P.S.- Bihpur, District- Bhagalpur. 4.
Niranjan Kumar Sah Son of Shyam Kumar Sah Resident of At Shreenagar, P.O. and P.S.- Belhar, District- Banka.
5.
Geeta Kumari Wife of Sarwjeet Mandal Resident of At Paira Domama, P.O.- Pacharukhi, P.S.- Shahkund, District- Bhagalpur. 6.
Punitlal Das Son of Ramdhani Das Resident of At and P.O.- Katahara, P.S.- Sultanganj, District- Bhagalpur.
7.
Ajay Kumar Sah Son of Anandi Sah Resident of At Shahabad, P.O.- Gangapur, P.S.- Sultanganj, District- Bhagalpur. 8.
Manju Mala Kumari Wife of Ajay Kumar Sah Resident of Shahabad, P.O.- Gangapur, P.S.- Sultanganj, District- Bhagalpur. 9.
Babita Kumari Wife of Bindeshwari Prasad Yadav Resident of At and P.O.- Katahara, P.S.- Sultanganj, District- Bhagalpur. 10.
Sunaina Kumari Saroj Yadav Resident of At and P.O.- Katahara, P.S.- Sultanganj, District- Bhagalpur.
11.
Suman Bharti Wife of Late Shivcharan Mandal Resident of At and P.O.- Katahara, P.S.- Sultanganj, District- Bhagalpur. 12.
Jeevan Das Son of Balmiki Das Resident of At and P.O.- Katahara, P.S.- Sultanganj, District- Bhagalpur.
13.
Rabindra Kumar Sharma Son of Sahdev Sharma Resident of At Galimpur, P.O.- Lohachi, P.S.- Haweli Kharagpur, District- Munger. 14.
Niranjan Kumar Pandit Son of Bindeshwari Pandit Resident of At. Kumarpur, P.O.- Katahara, P.S.- Sultanganj, District- Bhagalpur. 15.
Ganan Alok Son of Bibhati Kumar Singh Resident of At Kumarpur, P.O.- Katahara, P.S.- Sultanganj, District- Bhagalpur. 16.
Manoj Kumar Singh Son of Late Babulal Singh Resident of At Kumarpur, P.O.- Katahara, P.S.- Sultanganj, District- Bhagalpur. 17.
Ambuj Kumar Ray Son of Ramjee Ray Resident of At Gauri Makandpur, P.O.- Makandpur, P.S.- Sultanganj, District- Bhagalpur. 18.
Harilal Chaudhari Son of Babulal Chaudhari Resident of At Sultanpur, P.O.- Kumetha, P.S.- Bath, Sultanganj, District- Bhagalpur. 19.
Saryug Prasad Singh Son of Banarsi Prasad Singh Resident of At and P.O.- Khanpur Mal, P.S.- Bath Sultanganj, District- Bhagalpur. 20.
Raghu Nandan Jha Son of Natho Jha Resident of At and P.O.- Nagarpara, P.S.- Bihpur, District- Bhagalpur.
2/13 21.
Niranjan Kumar Singh Son of Bidya Prasad Singh Resident of At and P.O.- Karharia, P.S.- Bath Sultanganj, District- Bhagalpur. 22.
Pratima Kumari Wife of Subhash Kumar Resident of At and P.O.- Karharia, P.S.- Bath Sultanganj, District- Bhagalpur.
23.
Saroj Devi Wife of Arun Kumar Jha Resident of At and P.O.- Bhawanipur, P.S.- Bhawanipur, District- Bhagalpur.
24.
Bina Devi Wife of Murlidhar Mishra Resident of At and P.O.- Rangara, P.S.- Rangara, District- Bhagalpur.
25.
Shail Kumari Wife of Braj Bhushwan Mishra Resident of At- Navtolia, P.O.- Chakrami, P.S.- Narayanpur, District- Bhagalpur. 26.
Meena Kumari @ Meena Devi Wife of Raghunandan Jha Resident of At and P.O.- Nagarpara, P.S.- Bihpur, District- Bhagalpur. 27.
Vikash Kumar Son of Sri Prem Dular Singh Resident of At- Rannuchak, P.O.- Rannuchak Makandpur, P.S.- Nathnagar, District- Bhagalpur. 28.
Jai Prakash Das Son of Late Patwari Das Resident of At- Rannuchak, P.O.- Rannuchak, Makandpur, P.S.- Nathnagar, District- Bhagalpur. 29.
Ram Kumar Das Son of Sri Mugdeo Das Resident of At Kauakoli, P.O. and P.S.- Nathnagar, District- Bhagalpur.
30.
Jatadhari Yadav Son of Sri Kuldeep Yadav Resident of At Chharrapatti, P.O.- Sahu Parbatta, P.S.- Sahu Parbatta, District- Bhagalpur. 31.
Niwas Kumar Ray Son of Sri Suresh Chandra Ray Resident of At Gauripur, P.O.- Rannuchak, Makandpur, P.S.- Akbarnagar, District- Bhagalpur. 32.
Sandeep Kumar Son of Sri Jai Narayan Jha Resident of At Rampur Thuthi, P.O. and P.S.- Parbatta, District- Khagariya. 33.
Binay Kumar Singh Son of Brahmdeo Singh Resident of At Makandpur, P.O.- Rannuchak, Makandpur, P.S.- Nathnagar, District- Bhagalpur. 34.
Rupam Kumari Wife of Sri Niwas Kumar Ray Resident of At Gauripur, P.O.- Rannuchak, Makandpur, P.S.- Akbarnagar, District- Bhagalpur. 35.
Kanchan Kumari Wife of Arunanjay Kumar Resident of At Gauripur, P.O.- Rannuchak, Kakandpur, P.S.- Akbarnagar, District- Bhagalpur. 36.
Rajiv Kumar Son of Sri Devbrat Singh Resident of Bhattachak, Manjhgay, P.O. and P.S.- Sambhuganj, District- Banka.
37.
Arunanjay Kumar Son of Sri Suresh Chandra Ray Resident of At Gauripur, P.O.- Rannuchak, Makandpur, P.S.- Akbarnagar, District- Bhagalpur. 38.
Md. Furkan @ Furkan Ansari Son of Ayub Ansari Resident of At Borgoan, Dariyapur, P.O.- Dariyapur, P.S.- Sajour, District- Bhagalpur. 39.
Rakesh Kumar Singh Son of Sitaram Singh Resident of At- Kalimandir, Dariyapur, P.O.- Dariyapur, P.S.- Sajour, District- Bhagalpur. 40.
Md. Ilyas Ansari Son of Md. Karamat Ansari Resident of At Borgoan, Dariyapur, P.O.- Dariyapur, P.S.- Sajour, District- Bhagalpur. 41.
Sauda Khatun Wife of Md. Furkan Ansari Resident of At- Borgoan, Dariyapur, P.O.- Dariyapur, P.S.- Sajour, District- Bhagalpur. 42.
Shah Alam Son of Rauf Ansari Resident of At Borgoan, Dariyapur, P.O.-
3/13 Dariyapur, P.S.- Sajour, District- Bhagalpur. 43.
Md. Ekbal @ Md. Ekbal Ansari Son of Md. Khalil Ansari Resident of At and P.O.- Dariyapur, P.S.- Sajour, District- Bhagalpur. 44.
Md. Murshid Ali Ansari Son of Md. Sakur Ali Ansari Resident of AtPuraini, P.O.- Puraini, P.S.- Jagdishpur, District- Bhagalpur. 45.
Gyan Shankar Jha Son of Bibhuti Nath Jha Resident of At and P.O.- Dariyapur, P.S.- Sajour, District- Bhagalpur. 46.
Talat Afroj Wife of Nizam Uddin Resident of At Belkhoriya, P.O.- Dariyapur, P.S.- Nathnagar, District- Bhagalpur. 47.
Md. Nezam Uddin Son of Hazi Mahmood Resident of At Belkhoriya, P.O.- Dariyapur, P.S.- Nathnagar, District- Bhagalpur. 48.
Md. Shaiban Alam Son of Manirul Hoda Resident of At Kabaritola, Khanjarpur, P.O.- Khanjarpur, P.S.- Barari, District- Bhagalpur. 49.
Md. Gulam Hasnain Son of Md. Munim Resident of At Borgoan, Dariyapur, P.O.- Dariyapur, P.S.- Sajour, District- Bhagalpur. 50.
Md. Zabir Hossain Son of Late Md. Karamat Ansari Resident of At Belkhoriya, P.O.- Dariyapur, P.S.- Nathnagar, District- Bhagalpur. 51.
Md. Asad Hossain Son of Md. Hafiz Mahfuz Resident of At Belkhoriya, P.O.- Dariyapur, P.S.- Nathnagar, District- Bhagalpur. 52.
Md. Gulam Hasmat Son of Md. Munim Ali Resident of At Borgoan Dariyapur, P.O.- Dariyapur, P.S.- Sajour, District- Bhagalpur. 53.
Rajesh Kumar Son of Sitaram Singh Resident of At and P.O.- Dariyapur, P.S.- Sajour, District- Bhagalpur.
54.
Md. Sabir Ansari Son of Md. Karamat Ansari Resident of At Belkhoriya, P.O.- Dariyapur, P.S.- Nathnagar, District- Bhagalpur. 55.
Md. Shahwaz Alam Son of Abdul Rauf Ansari Resident of At Chausa Bazar, Ward No.01, P.O. and P.S.- Chausa, District- Madhepura. 56.
Md. Istiyak Ansari Son of Md. Idris Ansari Resident of At Radhanagar, P.O.- Kishanpur Amkhoriya, P.S.- Shahkund, District- Bhagalpur. 57.
Zubair Alam Ansari Son of Md. Sahul Ansari Resident of At Belkhoriya, P.O.- Dariyapur, P.S.- Madhusudan Pur, District- Bhagalpur. 58.
Md. Aslam Ansari Son of Haidar Ali Resident of At L.N. Singh Lane, Nathnagar, P.O. and P.S.- Nathnagar, District- Bhagalpur. 59.
Md. Nafil Son of Rasid Ansari Resident of At Imadpur, P.O.- Harnath, P.S.- Shahkund, District- Bhagalpur.
60.
Md. Sarfraj Ahmad Son of Naimul Haque Resident of At and P.O.- Simariya, P.S.- Kajraili, District- Bhagalpur.
61.
Md. Anwarul Haque Son of Md. Izhar Ali Resident of At Borgoan, P.O.- Dariyapur, P.S.- Sajour, District- Bhagalpur. 62.
Nitesh Kumar Son of Tarami Singh Resident of Chandrawansi Tola, Dariyapur, P.O.- Dariyapur, P.S.- Sajour, District- Bhagalpur. 63.
Md. Faiyaz Ansari Son of Haither Ali Resident of At L.N. Singh Lane, Nathnagar, P.O. and P.S.- Nathnagar, District- Bhagalpur.
4/13 64.
Md. Saiyad Alam Son of Shekh Sikandar Resident of At and P.O.- Dariyapur, P.S.- Sajour, District- Bhagalpur. 65.
Md. Rizwan Son of Md. Hamid Resident of At Borgaon, P.O.- Dariyapur, P.S.- Sajour, District- Bhagalpur.
66.
Md. Iftekhar Ali Chaudhary Son of Md. Zirayarat Ali Chaudhary Resident At. Borgaon, P.O.- Dariyapur, P.S.- Sajour, District- Bhagalpur. 67.
Md. Hashim Ansari Son of Md. Sajid Ansari Resident of At and P.O.- Puraini, P.S.- Jagdispur, District- Bhagalpur. 68.
Niraj Kumamr Singh Son of Kailash Prasad Singh Resident of At Mahant Das Lane, Budanath, P.O.- Budanath, P.S.- Kotwali, District- Bhagalpur. 69.
Sushila Kumari Wife of Niraj Kumar Singh Resident of At Mahant Das Lane, Budanath, P.O.- Budanath, P.S.- Kotwali, District- Bhagalpur. 70.
Md. Belal Uddin Son of Md. Kamal Uddin Resident of Mahfuz Hussain Lane, Rekabganj, P.O.- Nayabazar, P.S.- Tatarpur, District- Bhagalpur. 71.
Md. Shamim Uddin Ansari Son of Md. Basim Uddin Resident of At Puraini, P.O.- Puraini, P.S.- Jagdishpur, District- Bhagalpur. 72.
Rozi Khanam Wife of Shamim Uddin Ansari Resident of At Puraini, P.O.- Puraini, P.S.- Jagdishpur, District- Bhagalpur. 73.
Minnat Ullah Alam Son of Md. Jamshed Alam Resident of At Badi Khanjarpur, P.O.- Badi Khanjarpur, P.S.- Barari, District- Bhagalpur. 74.
Shiv Narayan Das Son of Banarasi Das Resident of At Mahamadabad, P.O.- Mirjanhat, P.S.- Goradih, District- Bhagalpur. 75.
Dharmbeer Paswan Son of Sitaram Paswan Resident of At Maheshpur Aliganj, P.O.- Mirjanhat, P.S.- Mojahidpur, District- Bhagalpur. 76.
Ashok Das Son of Anirudh Das Resident of At Bhim Raw Ambedkar Nagar, D.N. Singh Road, Kharmanchak, P.O.- Kharmanchak, P.S.- Yogsar, DistrictBhagalpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary, Human Resource Development cum Education Department, Government of Bihar, Patna.
3.
The Director, Mass Education, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Shekhar Tiwary, Advocate For the Respondent/s :
Mr. Pawan Kumar, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT
5/13 (Per: HONOURABLE THE CHIEF JUSTICE) Date : 02-03-2022 Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s):-
6/13
7/13
8/13 After the matter was heard for some time, finding the Bench not to be agreeable with the submissions made across the Bar, more so, on account of delay and laches, learned counsel for the petitioners, under instructions, seeks permission to withdraw the present petition reserving liberty to approach the Respondent No. 3, namely the Director, Mass Education, Government of Bihar, Patna by filing a representation venting out his grievance, subject matter of the present lis, which the petitioners shall be filing within a period of four weeks from today.
Learned counsel for the respondents states that if such a representation is filed by the petitioners, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of four months from the date of its filing along with a copy of this order.
9/13 Statement accepted and taken on record.
The Hon'ble Supreme Court in D. N. Jeevaraj Vs. Chief Secretary, Government of Karnataka & Ors, (2016) 2 SCC 653, paragraphs 34 to 38 observed as under:- "34. The learned counsel for the parties addressed us on the question of the bona fides of Nagalaxmi Bai in filing a public interest litigation. We leave this question open and do not express any opinion on the correctness or otherwise of the decision of the High Court in this regard.
35. However, we note that generally speaking, procedural technicalities ought to take a back seat in public interest litigation. This Court held in Rural Litigation and Entitlement Kendra v. State of U.P. [Rural Litigation and Entitlement Kendra v. State of U.P., 1989 Supp (1) SCC 504] to this effect as follows: (SCC p. 515, para 16) "16. The writ petitions before us are not inter parties disputes and have been raised by way of public interest litigation and the controversy before the court is as to whether for social safety and for creating a hazardless environment for the people to live in, mining in the area should be permitted or stopped. We may not be taken to have said that for public interest litigations, procedural laws do not apply. At the same time it has to be remembered that every technicality in the procedural law is not available as a defence when a matter of grave public importance is for consideration before the court."
36. A considerable amount has been said about public interest litigation in R&M Trust [R&M Trust v. Koramangala Residents Vigilance Group, (2005) 3 SCC 91] and it is not necessary for us to dwell any further on this except to say that in issues pertaining to good governance, the courts ought to be somewhat more liberal in entertaining public interest litigation. However, in matters that may not be of moment or a litigation
10/13 essentially directed against one organisation or individual (such as the present litigation which was directed only against Sadananda Gowda and later Jeevaraj was impleaded) ought not to be entertained or should be rarely entertained. Other remedies are also available to public spirited litigants and they should be encouraged to avail of such remedies.
37. In such cases, that might not strictly fall in the category of public interest litigation and for which other remedies are available, insofar as the issuance of a writ of mandamus is concerned, this Court held in Union of India v. S.B. Vohra [Union of India v. S.B. Vohra, (2004) 2 SCC 150: 2004 SCC (L&S) 363] that: (SCC p. 160, paras 12-13) "12. Mandamus literally means a command. The essence of mandamus in England was that it was a royal command issued by the King's Bench (now Queen's Bench) directing performance of a public legal duty.
13. A writ of mandamus is issued in favour of a person who establishes a legal right in himself. A writ of mandamus is issued against a person who has a legal duty to perform but has failed and/or neglected to do so. Such a legal duty emanates from either in discharge of a public duty or by operation of law. The writ of mandamus is of a most extensive remedial nature. The object of mandamus is to prevent disorder from a failure of justice and is required to be granted in all cases where law has established no specific remedy and whether justice despite demanded has not been granted."
38. A salutary principle or a wellrecognised rule that needs to be kept in mind before issuing a writ of mandamus was stated in Saraswati Industrial Syndicate Ltd. v. Union of India [Saraswati Industrial Syndicate Ltd. v. Union of India, (1974) 2 SCC 630] in the following words: (SCC pp. 641-42, paras 24-25) "24. ... The powers of the High Court under Article 226 are not strictly
11/13 confined to the limits to which proceedings for prerogative writs are subject in English practice. Nevertheless, the well-recognised rule that no writ or order in the nature of a mandamus would issue when there is no failure to perform a mandatory duty applies in this country as well. Even in cases of alleged breaches of mandatory duties, the salutary general rule, which is subject to certain exceptions, applied by us, as it is in England, when a writ of mandamus is asked for, could be stated as we find it set out in Halsbury's Laws of England (3rd Edn.), Vol. 11, p. 106:
'198. Demand for performance must precede application.-As a general rule the order will not be granted unless the party complained of has known what it was he was required to do, so that he had the means of considering whether or not he should comply, and it must be shown by evidence that there was a distinct demand of that which the party seeking the mandamus desires to enforce, and that that demand was met by a refusal.'
25. In the cases before us there was no such demand or refusal. Thus, no ground whatsoever is shown here for the issue of any writ, order, or direction under Article 226 of the Constitution."
As such, as mutually prayed for, petition stands disposed of in the following terms:- (a) Petitioners shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the grievance(s); (b) The authority concerned shall consider and
12/13 dispose it of expeditiously by a reasoned and speaking order preferably within a period of four months from the date of its filing along with a copy of this order;
(c) The order assigning reasons shall be communicated to the petitioners;
(d) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (e) Also, opportunity to place on record all relevant materials/documents shall be granted to the parties; (f) Equally, liberty is reserved to the petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law;
(g) We are hopeful that as and when petitioners take recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (h) Liberty reserved to the petitioners to approach the appropriate forum/Court, should the need so arise subsequently on the same and subsequent cause of action; (i) We have not expressed any opinion on merits. All issues are left open;
13/13 (j) The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode;
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 03.03.2022 Transmission Date