Dileep Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4510 of 2020 ====================================================== Dileep Kumar Paswan Son of Gonar Paswan, Resident of Village - Rajghat, Police Station- Barhara Kothi, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through Director General of Police, Patna. 2.

The District Magistrate, Purnea.

3.

The Superintendent of Police, Purnea.

4.

The Circle Officer, Barhara Kothi, Purnea.

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Adv.

For the State :

Mr. Manish Kumar (SC-4) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-04-2024 Learned counsel for the petitioner and learned counsel for the State are present.

2. Learned counsel for the State submits that soft copy of the counter affidavit has already been filed and he request to accept the hard copy of the counter affidavit in the Court itself.

3. Request accepted.

4. The present writ petition has been filed for directing the respondents to make the compassionate appointment of the petitioner on the post of Awaji Chaukidar.

5. Learned counsel for the State raised preliminary objection and submits that the claim of the petitioner was already rejected in the year 2018 itself contained in Memo

Patna High Court CWJC No.4510 of 2020(3) dt.05-04-2024 2/2 No.1687 dated 03.08.2018 (annexed as Annexure-A of the counter affidavit).

6. Learned counsel for the petitioner in response submits that the said memo has never been served and it has been served for the first time after filing of the writ petition.

7. In the light of the submissions made by the parties, it transpires to this Court that this writ petition has become infructuous and therefore, this writ petition is hereby dismissed.

8. Liberty is hereby granted to the petitioner that he may challenge the rejection order which is contained in Memo No.1687 dated 03.08.2018 (annexed as Annexure-A of the counter affidavit) before the appropriate forum. (Dr. Anshuman, J.) Divyansh/- U