Balraj Kishore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3315 of 2022 ====================================================== Balraj Kishore Son of Late R.K. Poddar, Resident at 74 Sudha Sadan Jagatnarayan Road, Kadam Kuan Phulwari, Police Station - Kadamkuan, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Secretary to the Law Department, Govt. of Bihar Old Secretariat, Patna. 3.

The Principal Secretary/Additional Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna.

4.

Sri Vivek Kumar Singh, Son of not known to the petitioner, The Additional Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

5.

The Secretary (Pro) to the Government of Bihar, Revenue and Land Reforms, Bihar, Patna.

6.

The Special Secretary to the Government of Bihar, Revenue and Land Reforms Department, Bihar, Patna.

7.

Sri Radheshyam Sah, Son of not known to the petitioner, The Special Secretary, Govt. of Bihar, Patna.

8.

The Directorate, Consolidation, Bihar, Patna. 9.

Sri Ravindra Rai, Advocate Registration No. 2598/2001. R/o MohallaMahaveer Colony, Nepalinagar, Ashiyana-Digha Road, Hanuman Mandir800025. 10.

Sri Nirmal Kumar Advocate, Registration No. 606/1979, Resident of Chamber no.-139, Bihar Bar Counsel Bhawan, Patna High Court, Patna. 11.

Sri Uday Prakash Sharma, Advocate, Registration No. 2044/2009, Resident of C/o Kameshwar Prasad Yadav, Mohalla-South Mandiri, behind of Hathua Pathshala, P.O.-G.P.O., Dist-Patna-800001.

12.

Sri Sujeet Kumar, Advocate, Registration No. 1582/2009. Resident of C/o Arun Kumar Ojha, Purbi Bahadurpur Bazar Samiti, P.O.-Rajendra Nagar, Patna.

13.

Sri Rajesh Kumar Singh, Advocate, Registration No. D/4199/2010, Resident of C/o Manohar Vishal, Road No.-6, Rajeev Nagar, P.O.-Keshri Nagar, Patna, PIN-800024.

14.

Sri Ajit Kumar, Advocate, Registration No. 10098/1996. Resident of Vrindaban Colony, Road No.-02, P.O.-AIIMS, Phulwari Sharif, Patna801507. 15.

Sri Kumod Kumar Srivastava, Advocate, Registration No. 2568/1994, Resident of House No. 259, Road No. 11A, Patliputra Colony, Patna800013. 16.

Sri Vijay Kumar Srivastava, Advocate, Registration No. 224/1996. Resident of Flat No. 211, Gaura Place, Road No. -6, East Patel Nagar, Patna-800023.

2/4 17.

Sri Kumar Navinam, Advocate, Registration No. 2446/2007, Resident of Vishnupuri, P.O.-Anishabad, P.S.-Gardarnibag, Dist. Patna-800002. 18.

Sri Manager Sah, Advocate, Registration No. 4112/1999, Resident of Chamber No. 149, Bar Counsel Bhawan, 3rd Floor, Patna High Court800001. 19.

Sri Kundan Prasad Singh, Advocate, Registration No. 2443/2001. Resident of Mohalla-Munna Chak, Kankarbagh, Behind of R.N. Terminal, P.O.-Lohia Nagar, Dist.-Patna-800020.

20.

Srimati Archana Prasad, Advocate, Registration No. 2222/1997. Resident of Flat NO. 25, Draupadi Apartment, behind of J.D. Womens College, Shashtri Nagar, Baily Road, Patna-800030.

21.

Srimati Tanuja Kumari Mishra, Advocate, Registration No. 126/2000. Resident of House No. N-701, behind of S.B. House, Chitragupta Nagar, Kankarbagh, Dist.-Patna-800020.

22.

Srimati Bandana Singh Advocate, Registration No. 585/2010, Resident of C201, Prashray Apartment, Aara Garden Road, Jagdev Path, Baily Road, Patna-800014.

23.

Srimati Sarita Bajaj, Advocate, Registration No. 6890/1996. Resident of 105, Shanti Mohan Kunj, Phiri Press Lane, Rajendra Path, 800001. 24.

Sri Ramakant Rai, Advocate, Registration No. 1796/1998. Resident of Shri Ram Kunj, in front of Staff Nabard Quarter, Punaichak, Dist.-Patna-800023. 25.

Sri Dharmendra Kumar Paswan, Advocate, Registration No. 23/2004. Resident of Mohalla-Bari Yusuphpur, Near Chiknota Pokhar, P.S.-Industry Area, P.O.-Hajipur, Dist.-Vaishali, PIN-844101. 26.

Sri Upendra Prasad Singh, Advocate, Registration No. 2414/2005, Resident of Bihar Bar Counsel Bhawan, Chamber No. -113, 4th Floor, Patna High Court, Patna-800001.

27.

Sri Dilip Kumar Advocate, Registration No. 1138/1996, Resident of Panch Kunj, Rajendra Nagar, Road No. 13/C, near Bahadurpur Gumati, Dist.- Patna-800016.

28.

Sri Satyendra Kumar Jha, Advocate, Registration No. 4079/1995, Resident of C/o Srimati Nigam Pandey, Flat No. -5, near Main Road Bank of Baroda, A.G. Colony, Dist.-Patna-800025.

29.

Sri Ranjan Kumar Srivastava, Advocate, Registration No. 6185/1999, Resident of Village-Tali, P.O.-Tali, P.S.-Guthni, Dist.-Siwan, Pin-841239. 30.

Srimati Sangeeta Kumari, Advocate, Registration No. 789/2004, Resident of C/o Mahesh Prasad, in front of B-57, Buddha Colony, Dist.-Patna-800001. 31.

Srimati Geeta Kumari, Advocate, Registration No. 667/1998, Resident of Mohalla-Kalibari Road, Saraswati Mandir, Mali Ghat, Muzaffarpur-842001. 32.

Srimati Manju Kumari, Advocate, Registration No. 1494/2005, Resident of Zila Vakil Sangh, Sri Narayan Hall, Manju Kumari, Table No. 46, Civil Court, Begusarai-851101.

33.

Srimati Veena Kumar Jaiswal, Advocate, Registration No. 241/1988, Resident of C/49, Housing Colony, Lohia Nagar, near Tempu Stand, Kankarbagh, Dist.-Patna-200020.

3/4 34.

Sri Amrendra Kumar, Advocate, Registration No. 5113/1996, Resident of Nutan Sadan, Madhav Nagar, Bindusar Near Baypass Road, Mahaveeri School Siwan-841227.

35.

Srimati Alka Verma, Advocate, Registration No. 1133/2005, Resident of 106, Jaishree Complex, Nageshwar Colony, Kavi Raman Path, Dist-Patna800001. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghunath Singh For the State :

Mr. Gyan Prakash Ojha (Ga7) Mr. AC to GA 7 For respondent :

Mr. Vishwajeet Kr. Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-01-2024 Heard the learned counsel for the parties.

2. Learned senior counsel appearing for the private respondents has taken at preliminary objection that the petitioner was not an applicant for appointment of Government counsels for Bihar Land Tribunal which is under challenge before this Court.

3. The learned senior counsel has also submitted that the appointments have been done by forming a selection committee and the from the proceedings annexed with the counter affidavit, he has demonstrated that the selection has been done in accordance with the directions of the Supreme Court as laid down in State of Punjab & Anr V/s Brijeshwar Singh Chahal & Anr reported in (2016) 6 SCC 1.

4. As this Court is deciding the present writ application on the ground of preliminary objection, there is no

4/4 need of considering the arguments of the learned counsel for the petitioner or the learned counsel for the respondents.

5. Since the petitioner was never an applicant, the challenge by him to the appointment cannot heard and considered by this Court.

6. Accordingly, this application is dismissed. (Sandeep Kumar, J) Shishir/- U