Kanchan Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3268 of 2026 ====================================================== Kanchan Kumari, Daughter of Late Suresh Prasad Singh (father) and Late Gayatri Devi (mother), Resident of Village and P.S.- Darihat, District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Energy, Government of Bihar, Patna.

2.

The Chairman-cum-Managing Director, Bihar State Power (Holding) Company Limited, Vidyut Bhawan, Patna.

3.

The Managing Director, South Bihar Power Distribution Company Limited (hereinafter referred as SBPDCL), Vidyut Bhawan, Patna. 4.

The General Manager (HQ/Administration), South Bihar Power Distribution Company Limited, Vidyut Bhawan, Patna.

5.

The Deputy General Manager (HQ/Administration), South Bihar Power Distribution Company Limited, Vidyut Bhawan, Patna. 6.

The Electrical Superintending Engineer (Project), Electric Supply Circle, 8, Daroga Rai Path, South Bihar Power Distribution Company Limited Vidyut Bhawan, Patna.

7.

The Electrical Executive Engineer (Project), Electrical Supply Division, South Bihar Power Distribution Company Limited, Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Dr. Kislay, Advocate For the State :

Mr. Dhurjati Kumar Prasad, GP-14 For the SBPDCL :

Mr. Kunal Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-03-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following reliefs :- "i. For issuance of appropriate writ or writs / order or orders /direction or directions in the nature of "Writ of Certiorari" for

Patna High Court CWJC No.3268 of 2026(2) dt.10-03-2026 2/3 quashing/ setting aside the order contained in Letter No. 176 dated 04.07.2019 issued under the signature of Executive Electrical Engineer, Electrical Project Division, Nawada whereby and where under the claim of the petitioner for his appointment on compassionate ground has been rejected as not considerable without following the facts and circumstances of the case.

ii. For issuance of appropriate writ or writs / order or orders /direction or directions in the nature of "Writ of Mandamus" commanding and directing the Respondents to consider the claim of the petitioner for her appointment on compassionate ground and to appoint her to earliest fixing a reasonable time frame on appropriate post as the mother of the petitioner died on 12.01.2018 in harness.

iii. For issuance of appropriate declaration that the action of the respondents concerned in not appointing the petitioner on a suitable post under compassionate ground in question is highly illegal, arbitrary, malicious and tentamounting to violation of the Fundamental Rights, Human Rights and Natural Rights of the petitioner in the facts and circumstances of the case.

iv. For any other relief or reliefs if the petitioner is found entitled for;"

3. At the outset, learned counsel appearing for the respondent-Bihar State Power Holding Company Limited

Patna High Court CWJC No.3268 of 2026(2) dt.10-03-2026 3/3 (respondent nos.2 to 7) submits that the petitioner moved this Court earlier for the identical relief vide CWJC no.20154 of 2019, which dismissed vide order dated 19.11.2019. Learned counsel submits that having suppressed the said fact vide his statement in paragraph no.32 of the writ application, the petitioner has moved this Court for the same relief vide this application once again.

4. In response, learned counsel for the petitioner submits that there is no suppression insofar as there is mention of the aforesaid CWJC no.20154 of 2019 in paragraph no.10 of the writ application.

5. After some argument, learned counsel for the petitioner seeks permission to withdraw this application.

6. In view of the fact that learned counsel for the petitioner seeks permission to withdraw the application, no cost is being imposed.

7. The application is dismissed as withdrawn. (Partha Sarthy, J) avinash/- U