Naresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5187 of 2020 ====================================================== 1.

Naresh Kumar S/o Fatuli Yadav R/o Village and P.O. - Dighiya, Via- Supaul, District- Supaul.

2.

Surya Narayan Kumar S/o Ramdev Prasad Yadav R/o Village- Ratanpura, P.O.- Narhi, P.S.- Kishanpur, District- Supaul. 3.

Chandra Bhushan Kumar Singh @ Chandra Bhushan Singh S/o Dudhnath Singh R/o Village- Usuri Khurd, P.O.- Usuri Kala, P.S.- Isuapur, DistrictChapra (Saran). 4.

Sunil Kumar Sah S/o Ganesh Sah R/o Village and P.O.- Ramchaura, P.S.- Isuapur, District- Chapra (Saran).

5.

Anshu Kumari D/o Sri Dilip Kumar R/o Village- Hasanchak, P.O.- Lalbag, P.S.- Town, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary. 2.

The Principal Secretary Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3.

The Director Revenue and Land Reforms Department, Govt. of Bihar, Patna. 4.

The Special Secretary (Appointment Cell) Revenue and Land Reforms Department, Bihar, Patna.

5.

The Joint Secretary Revenue and Land Reforms Department, Govt. of Bihar, Patna.

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

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav For the Respondent/s :

Mr.Sajid Salim Khan (SC-25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2021 The present writ petition has been filed seeking the following reliefs:- (I) For issuance of an appropriate order, direction or writ for quashing rejection list (code) (Annexure-10) concering to petitioners whereby and whereunder petitioners have not been selected/ appointed on the post of Special Survey

Patna High Court CWJC No.5187 of 2020(2) dt.10-02-2021 2/3 Kanoongo in pursuance of Advertisement No. 4/19, issued by Revenue and Land Reforms Department, Government of Bihar, Patna dated 01.03.2019, although petitioners fulfill all the requisite qualification.

(II) For issuance of an appropriate order, direction or writ in the nature of mandamus commanding the respondent to appoint/select the petitioners on the post of Special Survey Kanoongo (Contractual appointment) under Revenue and Land Reforms Department, Government of Bihar, Patna by fresh calling/conducting counseling of the petitioners. (III) For issuance of an appropriate order, direction or writ for staying the proceeding or contractual appointment/selection of candidates during pendency of this case, on the post of Special Survey Kanoongo under Revenue and Land Reforms Department, Government of Bihar, Patna in pursuance of Advertisemnt No. 4/2019 as said above. The learned counsel for the petitioner submits that the case of similarly situated person has been dealt with by this Court and an order dated 21.09.

2020 has been passed in CWJC No. 7780 of 2020, relevant portion whereof is reproduced herein below :- "Under such circumstances, this Court directs that in case the present order is brought to the notice of the authorities within a period of two weeks, the objection of the petitioner shall be looked into and a decision shall be taken whether the petitioner is entitled for the marks for experience.

Patna High Court CWJC No.5187 of 2020(2) dt.10-02-2021 3/3 has offered, the same shall be given to him and if by adding the marks of the experience, he comes within the zone of consideration for being appointed to the post of Special Survey Kanungo, necessary order shall be passed in that direction." Having regard to the submissions made by the learned counsel for the parties, I deem it fit and proper to grant liberty to the petitioners to approach the respondent no. 3 i.e. the Director, Revenue & Land Reforms Department, Government of Bihar, Patna by filing appropriate representation within a period of four weeks from today, which shall be disposed off by the respondent no. 3 within a period of six weeks, thereafter. The writ petition stand disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U