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Patna High CourtCWJC/5714/2023dismissed

Mano Kumari v. The State Of Bihar

2023-05-03Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5714 of 2023 ====================================================== Mano Kumari Daughter of Late Bale Paswan (Mother Ajnasia Devi), resident of Kare P.S. and District- Sheikhpura.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home (Police), Bihar, Patna.

2.

The District Magistrate-cum- Collector, Sheikhpura. 3.

The Superintendent of Police, Sheikhpura.

4.

The Deputy Superintendent of Police, Sheikhpura. 5.

The Sub- Divisional Officer, Sheikhpura.

6.

The Circle Officer, Sheikhpura.

7.

The Station Head Officer, Adarsh Police Station, Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhakar Singh, Advocate For the Respondent/s :

Mr.Dhurendra Kumar, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, in the present case, is seeking the following reliefs:

"For issuance of writ/s in the nature of Mandamus with a direction to the respondent authorities to appoint the petitioner as "Aweji" Choukidar in view of the application submitted by her Mother Ajnasia Devi who was posted as Choukidar in Circle No. 2/3 Adarsh P.S. Sheikhpura, Sheikhpura, for voluntarily retirement and to appoint her legal heir as "Aweji" as per provision made under Rule 5 of the Bihar Choukidar Rules 2006 (amended time to time) who was to be retired on 28.02.2021, in view of which petitioner submitted application on 02.02.2021, but no action has been

Patna High Court CWJC No.5714 of 2023(3) dt.03-05-2023 2/2 taken till today and for any other relief/s for which this Hon'ble deem fit and proper.

In view of the judgment of the Hon'ble Division Bench in the case of Devmuni Paswan Vs. The State of Bihar and Others (LPA No. 508 of 2022), the very basis on which the petitioner is claiming her appointment as Chowkidar has vanished, therefore, this writ application cannot proceed. This Writ Application is dismissed but with liberty to the petitioner to file a fresh writ application, if the said Hon'ble Division Bench judgment is interfered with or reviewed at appropriate level.

(Rajeev Ranjan Prasad, J.) Rajeev/- U