Harendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3833 of 2020 ====================================================== Harendra Prasad S/o Sri Tilangi Prasad, Residen of Village-Tiar Lilaha Tola, P.S.-Ashaw, District-Siwan., ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Home, Government of Bihar, Patna. 3.

The Director General Of Police, Bihar, Patna. 4.

The Insector general of Police, Zone-Tirhut, Muzaffarpur. 5.

The Deputy Inspector general of Police, Range-Champaran, Betiah. 6.

The Superintendent of Police Betiah.

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

For the Petitioner/s :

Mr.Bimal Kumar Jha, Adv For the Respondent/s :

Mr.Md. Nadim Seraj (Gp5) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-01-2024 Learned counsel for the petitioner and learned counel for the State.

2. Counsel for the petitioner submits that the present writ petition has been filed directing the respondent i.e. Director General of Police, Bihar, Patna to consider and dispose of the representation dated 18.11.2017 filed by the petitioner before him within one month.

3. Counsel for the state submit that counter affidavit has been filed and it has been specifically pleaded in Paragraph11 of the counter affidavit that the final order has been passed on the representation of the petitioner and copy of the same has

Patna High Court CWJC No.3833 of 2020(2) dt.05-01-2024 2/3 been annexed as Annexure-A to the petition. As such, it transpires to this Court that grievance of the petitioner has already settled.

4. Counsel for the petitioner has annexed Annexure-4 in the rejoinder to the counter, and moreover, he has annexed judgment passed by this Court in the case of Sahed Singh@ Saheb Prasad Singh Vs. State of Bihar and Ors. Reported in 2003(2) PLJR 145.

5. It also transpires to this Court that the Government of Bihar has framed Bihar State Litigation Policy, 2011. In the said litigation policy, clause 4.C(1) is as follows: "A good number of cases are from the category of similar cases. Each Government Department will aim to consider and settle the claim of the representation/ applicant-employee/citizen, if the claim is found covered by any decision of the Court. Many service matters of this nature, can be disposed of at the level of the Department itself without compelling the litigant to come to the Court. In this manner, the Government Departments would be acting as efficient litigants."

6. In this background, this writ petition is disposed of granting liberty to the petitioner to file a fresh representation under Section 4.C(1) of Bihar State Litigation Policy, 2011 annexing the judgment which he has annexed in this writ petition raising all the points and upon considering the same, the

Patna High Court CWJC No.3833 of 2020(2) dt.05-01-2024 3/3 authority is directed to pass a fresh order within 90 days. (Dr. Anshuman, J) Sunnykr/- U