Bishundeo Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.252 of 2019 In Civil Writ Jurisdiction Case No.24433 of 2013 ====================================================== Bishundeo Paswan Son of Late Manik Paswan, Resident Of Village Chandrahi, P.S. Dhamdaha, District - Purnea.

... ... Appellant/s

Versus

1.

The State of Bihar through the District Magistrate/Collector, Purnea. 2.

The District Chowkidari Padadhikari, Purnea.

3.

The Superintendent of Police, Purnea.

4.

The Sub -Divisional Officer, Purnea.

5.

The Anchal Adhikari at Dhamdaha, Purnea.

6.

The Officer-in-Charge of Dhamdaha Police Station with the district Of Purnea.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Gyanand Roy, Advocate For the Respondent/s :

Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 25-07-2022 Heard I.A. No. 01 of 2019 in L.P.A. No. 252 of 2019. For the reasons stated in the application and affidavit delay of 77 days in filing L.P.A. is condoned. Accordingly, I.A. No. 01 of 2019 stands allowed.

L.P.A. No. 252 of 2019.

None appears for the appellant.

On 08.07.2022, at the request of the appellant counsel matter was relisted today.

Short question for consideration in the present appeal

Patna High Court L.P.A No.252 of 2019(4) dt.25-07-2022 2/2 is whether appellant is entitled to be appointed to the post of Chowkidar pursuant to the death of late Ayodhi Hazara or not? The appellant has not produced any material information that he is blood-related to late Ayodhi Hazara. The same has been taken note of by learned Single Judge order dated 06.10.2018 passed in CWJC No. 24433 of 2013.

In the light of these facts and circumstances, the appellant has not made out a case. Accordingly, the appeal stands dismissed.

At this stage, learned counsel for the appellant appears and submitted that appellant was appointed as Chowkidar on the recommendation of certain findings. However, he is unable to apprise in furnishing material information that he was appointed to the post of Chowkidar in accordance with the relevant provisions/executive order existing as on the date of his initial appointment. Due to lack of material information appellant has not made out case.

Accordingly, L.P.A. stands dismissed.

(P. B. Bajanthri, J) Vikash/- (Rajiv Roy, J) U