← Library
Patna High CourtCWJC/22525/2012disposed

Anandi Jha v. The State Of Bihar And ORS

2024-06-20Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22525 of 2012 ====================================================== Anandi Jha S/O Sri Upendra Jha R/O Village- Rataitha, Police StationHaweli Kharagpur, District- Munger ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Director General of Police, Bihar, Patna 2.

The Maha Samadesta, Bihar Home Guard Mukhyalaya, Bihar, Patna 3.

The Up-Maha Samadesta, Bihar Home Guard Mukhyalaya, Bihar, Patna 4.

The Divisional Samadesta Bihar Home Guard, Koshi Division, Madhepura 5.

The Samadesta Bihar Home Guard Mukhyalaya, Bihar, Patna 6.

The District Samadesta Bihar Home Guard, Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar Tiwary, Advocate For the Respondent/s :

Mrs. Binita Singh, SC 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-06-2024 Heard Mr. Mrityunjay Kumar Tiwary, learned counsel appearing on behalf of the petitioner and Mrs. Binita Singh, learned SC for the State.

2. Learned counsel appearing on behalf of the State informs that the main relief of the petitioner is to allow him to continue his service according to the date of birth as 16.05.1953 and for declaring the same, the petitioner has remedy before a competent civil court by filing a declaratory suit.

3. Considering the aforesaid information, the petitioner may take steps to declare his date of birth as 16.05.1953. However, at the same time, in light of the law laid

Patna High Court CWJC No.22525 of 2012(4) dt.20-06-2024 2/2 down by the Apex Court in the case of Gopal Prasad Versus the Bihar School Examination Board and another, reported in 2020(18) SCC 255, the petitioner may file a detailed representation before the appropriate authority for considering his relief, as prayed for in the present writ petition.

4. The writ petition is, accordingly, disposed of. (Purnendu Singh, J) Sanjay/- U