Ritesh Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18766 of 2014 ====================================================== Ritesh Kumar Singh S/o Sri Manu Singh, R/o Vill.- Neuri, P.S.- Barauli, Dist.- Gopalganj ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary 2.

The Engineer in Chief, Tube-Well Department, Govt. of Bihar 3.

The District Magistrate, Gopalganj 4.

The Chief Engineer, Tube Well Division, Gopalganj 5.

The Executive Engineer, Tube Well Division, Gopalganj 6.

The Junior Engineer, Tube Well Division, Gopalganj 7.

Subhash Singh, S/o Jagarnath Singh, R/o Village- Neuri, P.S.- Barauli, Dist.- Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harendra Prasad, Advocate For the State :

Mr. Ravi Ranjan, AC to SC 22 ======================================================= CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) Date : 02-12-2022 The matter has been heard through video conferencing.

2. Heard Mr. Harendra Prasad, learned counsel for the petitioner and Mr. Ravi Ranjan, learned AC to SC 22 for the State.

3. The petitioner has moved this Court for the following reliefs:

"(a) For issuance of appropriate writ in the nature of mandamus directing and commanding the Respondent concerned for retaining and continuing the petitioner to post of the seasonal labor in the department of the tube well, by quashing the order contained in the memo

Patna High Court CWJC No.18766 of 2014 dt.02-12-2022 2/3 bearing No.- 918/ 04.10.2014, with respect to the petitioner only, where under and whereby the learned Respondent no.- 5 has canceled the selection of the petitioner from the date of his selection and has further direct the selection of the Respondent No.- 7, arbitrarily malafidely and by violating the terms of the principles of natural Justice even.

(b) For issuance of direction to the authorities / Respondents to issuance of a direction/directions to respondents to continue / Restore the petitioner the petitioner on the post of seasonal labor where he has to work has been duly selected after competition of the process as per the Rule and regulation which has already been issued by the Department of the Govt. of Bihar, Patna.

(c) For the issuance of an appropriate order / Direction / Writ in the nature of Mandamus commanding the Respondent authorities to take appropriate step/steps against the responsible persons for making such a fake and fraudulent selection of the Respondent No.-7. (d) For the issuance of any other Relief/Relief's to which the petitioner may found entitled to in the facts and circumstances of the present case."

4. Counter affidavit has been filed on behalf of the State which has not been responded to by the petitioner.

5. Having regard to the fact that the relief sought was against disengagement of the petitioner on 05.11.2014 from the post of seasonal labourer and more than 8 years having elapsed, the Court finds that the cause itself has become infructuous.

6. For reasons aforesaid, the writ petition stands disposed of with the observation that the petitioner may have

Patna High Court CWJC No.18766 of 2014 dt.02-12-2022 3/3 liberty to move before the appropriate forum, in future if the need so arises.

(Ahsanuddin Amanullah, J) ( Harish Kumar, J) Anjani/- AFR/NAFR U T