Harishankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8477 of 2019 ====================================================== Harishankar Prasad S/o Late Rameshwar Prasad Resident of Village- Bhalhi, P.O.- Harpur Bhalha, P.S.- Bathnaha, District- Sitamadhi- 843314. ... ... Petitioner

Versus

1.

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

The Secretary, Home Police Department, Government of Bihar, Patna. 3.

The Additional Secretary, Home Police Department, Government of Bihar, Patna.

4.

The District Magistrate, Sitamadhi.

5.

The Section Officer, District General Administration, Sitamadhi. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Hemant Kumar Karan, Adv.

For the Respondent/s :

Mr. Md. N.H. Khan, SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned counsel for the State.

In view of the decision of the Division Bench dated 25-02-2023, passed in LPA No. 508 of 2002 (Devmuni Panswan vs. State of Bihar & Ors.), the learned counsels are ad idem that the reliefs, in the instant writ petition, cannot be had in view of declaration of Clause 5(7) of the Bihar Choukidari Cadre (Amendment) Rules, 2014 being ultra vires and violative of

Patna High Court CWJC No.8477 of 2019(2) dt.26-06-2023 2/2 Articles 14 and 16 of the Constitution of India. The writ application is, accordingly, dismissed. (Madhuresh Prasad, J) shyambihari/- U