Gulab Hussain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.931 of 2014 ===========================================================

1. Gulab Hussain Son Of Rahamdin Mian Resident Of Village - Suarcha, Police Station - Lauria, District - West Champaran .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary, Department Of Education, Government Of Bihar, Patna

2. The Principal Secretary, Department Of Education, Government Of Bihar, Patna

3. The Director, Primary Education, Bihar, Patna.

4. The District Education Officer, West Champaran, Bettiah

5. The District Programme Officer, West Champaran, Bettiah

6. The District Accounts Officer, West Champaran, Bettiah

7. The Drawing And Disbursing Officer, Narkatiaganj Block, West Champaran .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. RAJIV NAYAN SINGH For the Respondent/s : Mr. ANJANI KUMAR =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 03-02-2015 *************** 03.02.2015 Heard learned counsel for the parties.

Writ application is dismissed on the sole ground that there is neither any demand nor refusal by the competent authority. There cannot be a mandamus in absence of any demand or refusal by the public authority. In fact there is inaction on the part of the petitioner. Petitioner is free to assert his right before the competent authority.

Writ application is dismissed with liberty as above.

(Ajay Kumar Tripathi, J.) SKM/- U