Thakur Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17463 of 2015 ====================================================== Thakur Paswan Son of late Manohar Paswan Resident of VillageKrishnadaspur , P.s - Budhuchak, District -Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Director General of Police, Old Secretariate, Government of Bihar, Patna.

3.

The District Magistrate, Bhagalpur.

4.

The Superintendent of Police, Bhagalpur.

5.

The Sub-Divisional Police Officer, Kahalgaon, District Bhagalpur. 6.

The Station Police House Buddhuchak, District Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Pandey, Advocate For the Respondent/s :

Mr. Manish Kumar, AC to AAG-6(Ex.) [Incharge AAG-5] ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-09-2023 The present writ petition has been filed seeking the following reliefs:- "1.i. For issuance of a direction/ command in the nature of Mandamus or any other appropriate writ for commanding upon the respondents authorities concerned for regularization of the petitioner on the post of Choukidar, Police Station-Buddhuchak, where the petitioner is working since 1988 to till date."

Patna High Court CWJC No.17463 of 2015(2) dt.15-09-2023 2/3 2.

At the outset, the learned counsel for the petitioner has submitted that the petitioner along with others had filed a writ petition for grant of same and similar relief bearing CWJC No. 523 of 2011, which was dismissed by an order dated 22.06.2011 passed by a Coordinate Bench of this Court in the following terms:- "In an earlier writ application there is already a direction upon the respondents to issue advertisement and make regular appointments. The Court fails to understand as to why yet another writ application has been filed seeking similar relief. If the earlier direction has not been complied with, the remedy for the petitioner would be to file contempt application and not yet another writ application.

This writ application is dismissed with the observation aforesaid."

3.

In view of the aforesaid, it is submitted by the learned counsel for the respondent-State that the present writ petition is clearly barred by the principles of res judicata.

Patna High Court CWJC No.17463 of 2015(2) dt.15-09-2023 3/3 4.

Accordingly, the present writ petition stands dismissed being barred by the principles of res judicata.

(Mohit Kumar Shah, J) S.Sb/- U