Santosh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5622 of 2025 ====================================================== 1.

Santosh Kumar Yadav Son of Late Indrasan Yadav, resident of village - Bherwaniya, P.S. Bhagwanpur, District- Siwan. 2.

Sanjay Kumar, Son of Sri Gupteshwar Singh, Resident of Village - Deopur, P.S. - Raghunathpur, District- Siwan.

3.

Satyadeo Singh, Son of Late Gautam Singh, resident of Village- Hariharpur Kala, P.S.- Jamo Bazar, District - Siwan.

4.

Hirdya Narayan Singh, Son of Late Ramjanm Singh, resident of Village - Jamsikri, P.S. - Muffasil, District - Siwan.

5.

Jaynath Yadav, Son of Late Badal Yadav, resident of Village- Jalalpur, P.S.- Daraunda, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Director General of Police, Bihar, Patna. 3.

The Commandant General, Homeguard-cum-Director Civil Defence, Bihar, Patna.

4.

The Directorate General, Fire Services, Civil Defence and Home Guards, Bihar, Patna.

5.

The Divisional Commissioner, Saran Division, Saran at Chapra. 6.

The District Magistrate, Siwan.

7.

The Superintendent of Police, Siwan.

8.

The District Commandant, Home Guard, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indu Bhushan, Advocate For the Respondent/s :

Mr. Government Advocate (08) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-04-2025 Heard Learned Counsel for the petitioners and Learned Counsel for the State.

2. Learned Counsel for the petitioners has filed this writ petition for issuance of mandamus directing the concerned

Patna High Court CWJC No.5622 of 2025(2) dt.10-04-2025 2/3 respondent to take duty from the petitioners in the district of Siwan for which they have filed representation (Annexure-P/1).

3. Learned Counsel for the State has raised preliminary objection and submits that according to the pleadings made by the petitioners themselves that work had been taken up to 2023, but thereafter the services of the petitioners were not taken. Counsel submits that from the pleadings it is absolutely unclear that whether the petitioners' entitlement is continue for deputation. From the representation also it is not clear save and except that in August, 2024 they have filled up the bond.

4. Learned Counsel for the State has raised objection that work has to be allotted to the petitioners from the District Commandant, Home Guard, Siwan, but the petitioners have filed representation before respondent No.7 the Commandant General, Homeguard-cum-Director Civil Defence, Bihar, Patna.

5. It transpires to this Court that the petitioners have filed representation before the wrong forum. As such, the petitioners are directed to file representation before the proper forum i.e., respondent No.8, District Commandant, Home Guard, Siwan. Respondent No.8, District Commandant, Home Guard, Siwan, is directed that if petitioners found suitable for

Patna High Court CWJC No.5622 of 2025(2) dt.10-04-2025 3/3 allotment of duty then he shall take a decision in accordance with law within 90 days from the date of receipt/production of a copy of this order.

6. With the aforesaid direction, this writ petition is disposed off.

(Dr. Anshuman, J) Mkr./- U