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Patna High CourtCWJC/11332/2012dismissed

Awadhesh Singh Kushwaha v. The State Of Bihar And ORS

2023-12-12Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11332 of 2012 ====================================================== AWADHESH SINGH KUSHWAHA S/O Yamuna Singh R/O VillageAkopur, Post Office- Bindusar, Police Station- Siwan Town, District- Siwan ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Land Reforms, Bihar, Patna 2.

The District Magistrate, Siwan 3.

The District Land Acquisition Officer, Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamal Nayan Chaubey, Sr. Advocate Mr. Ambuj Nayan Chaubey, Advocate For the State :

Mr. Deepak Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 12-12-2023 Heard Mr. Kamal Nayan Chaubey, learned Senior counsel appearing on behalf of the petitioner and Mr. Deepak Kumar, AC to GP-4, learned counsel appearing on behalf of the State.

2. The present writ petition has been filed for a direction to the respondents to regularize the services of the petitioner on the post of Amin in the District Land Acquisition Office, Siwan.

3. The learned counsel for the petitioner submits that the petitioner was appointed on the post of Amin on Contract basis on 09.01.2008 on daily wages in the District Land Acquisition Office, Siwan. The petitioner was discharging his duty honestly to

Patna High Court CWJC No.11332 of 2012 dt.12-12-2023 2/3 the satisfaction of the authority concerned since the date of his appointment.

4. In the old District of Saran, six (6) posts of Amin were sanctioned. After bifurcation two new District of Gopalganj and Siwan have been made from the old District of Saran. The Revenue and Land Reforms Department, Government of Bihar vide letter no. 903 dated 07.08.1998 distributed two (2) sanctioned posts of Amin along with other posts to each District.

5. It is pertinent to mention that at the time of appointment of the petitioner was on Contract basis no person was working as Amin against the two sanctioned posts and both the sanctioned posts in District Siwan were lying vacant and the petitioner was the only Amin who was working in the District Land Acquisition Office, Siwan.

6. Learned counsel for the State although has not filed the counter affidavit but he has referring Annexure-1 of the writ petition by which the petitioner has been engaged on the post of Amin on Contract basis on daily wages in the District Land Acquisition Office, Siwan. He referred the Annexure-1 in which the petitioner has given an undertaking that he will not claim for appointment to the post in question in future. Learned counsel for the State further submits that apart from that the petitioner has not

Patna High Court CWJC No.11332 of 2012 dt.12-12-2023 3/3 approached before the authority concerned for redressal of his grievances and he has directly approached this Hon'ble Court.

7. Considering the aforesaid facts and in view of Annexure-1, no right is accrued to the petitioner for his appointment on the post of Amin in question and he has directed approached this Hon'ble Court without approaching the authority concerned.

8. There is no merit in the writ petition. It is accordingly stands dismissed.

(Rajesh Kumar Verma, J) Ibrar//- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 19.12.2023 Transmission Date N.A.