Swadesh Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4977 of 2023 ====================================================== Swadesh Prakash son of Birendra Prasad Singh, resident of Village and P.O.- Dakshinichak, P.S.- Athmalgola, District- Patna, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Old Secretariat, Bihar, Patna. 2.

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

3.

The Director, Land Records and Survey, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nityanand Mishra, Advocate Mr.Alok Abhinav, Advocate For the State :

Mr.P.K. Shahi, (AG) Mr.Manish Dhari Singh, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-11-2023

1. The present writ petition has been filed seeking the following relief(s):- "1(I) For quashing the Advertisement No. 03/2022 issued by the Revenue and Land Reforms Department, Government of Bihar i.e.

Respondent No.2, as contained in Annexure-2 for appointment of 1944 post for Special Survey Amin and also, to declare and hold procedure adopted by Revenue and Land Reforms Department, Government of Bihar i.e Respondent No.2, for appointment of Special Survey Amin is violative of Article 14, 16 and 21 of the Constitution of India.

Patna High Court CWJC No.4977 of 2023(2) dt.01-11-2023 2/3 (II) Also, for directing the Respondents to allow Petitioner to fill up the vacancy of Special Survey Amin as indicated in the Advertisement No. 03/2022 as contained in Annexure-2 of the Revenue and Land Reforms Department, Government of Bihar, by amending the minimum qualification to include those candidates also who had successfully completed certificate course as land surveyor from duly accredited government polytechnic institute, in order to ensure well known and well equipped Special Survey Amin be appointed to achieve aim and object for appointment of Special Survey Amin.

(III) To declare Rules 3(4)(b) and 6 of the Bihar Special Survey Honorarium Based Contractual Employment Rules, 2019, as violative of Articles 14, 16 and 21 of the Constitution of India, to the extent that it arbitrarily excludes certificate of successful completion of training as land surveyor from duly accredited government polytechnic institute from being appointed to the post of Special Survey Amin and further, Rules 3(4)(b) and 6 of the Bihar Special Survey Honorarium Based Contractual Employment Rules, 2019, should be either set aside or amended to include certificate of successful completion of training as land surveyor from duly accredited government polytechnic institute from being appointed to

Patna High Court CWJC No.4977 of 2023(2) dt.01-11-2023 3/3 the post of Special Survey Amin."

2. At the outset, the learned counsel for the petitioner submits that since the advertisement in question has already stood withdrawn, as has been stated in the counter affidavit, filed in the present case, the petitioner does not seek to press the present writ petition.

3. Accordingly, the present writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) Saurav/- U