Ram Udgar Sharma v. The State Of Bihar And ORS

Patna High Court CWJC No.10144 of 2013 dt.06-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10144 of 2013 =========================================================== Ram Udgar Sharma Son Of Late Baue Lal Sharma Resident Of Darbhanga Town, Station Road, Post Office - Lalbigh, Poice Station - University, District - Darbhanga .... .... Petitioner

Versus

1. The State Of Bihar

2. The Chief Conservator Of Forest, Bihar, Patna

3. The Chairman Cum - Commissioner, Saw Mill Selection Committee, Darbhanga Division, Darbhanga

4. The Divisional Forest Officer, Darbhanga Division, Darbhanga

5. The Conservative Forest Officer, Muzaffarpur, Anchal And District - Muzaffarpur .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Prasad, Adv. For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 06-10-2017 Heard learned counsel for the parties.

While the petitioner is aggrieved by the seniority list prepared for Darbhanga Division by the Chief Conservator of Forest, the pleadings on record are lacking on the locus of the petitioner, inasmuch as neither the licence of the petitioner is on record nor there is anything on record which would show that it has been renewed, rather on query being made from Mr. Ashok Kumar Prasad, learned counsel for the petitioner, he does admit that the licence of the petitioner has been cancelled and was never challenged by the petitioner before any authority.

The claim raised in this writ petition is that since other

Patna High Court CWJC No.10144 of 2013 dt.06-10-2017 similarly placed persons whose licence has been cancelled, have been included in the seniority list, the petitioner should be included. In my opinion, Article 14 of the Constitution of India does not have a reverse application and then again the pleadings are missing on the issue. Undisputedly the licence of the petitioner has been cancelled and no attempt has been made by the petitioner for its restoration. Unquestionably thus, so long as the licence cancellation order of the petitioner subsists, he can raise no claim for inclusion of the name in the seniority list.

The writ petition is disposed of.

(Jyoti Saran, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.10.2017 Transmission Date NA