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Patna High CourtCWJC/3685/2021dismissed

Abhishek Kumar Verma v. The State Of Bihar

2022-01-31Mr. Justice P. B. Bajanthri3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3685 of 2021 ====================================================== Abhishek Kumar Verma Son of Late Kailash Mahto Resident of VillageAkoni, P.O. Shinhpur, P.S.- Fafna (Dhubhar), District- Balia (U.P.). ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Director General of Police Bihar Sardar Ballabhbhai Patel Marg, Baily Road, Patna.

3.

Inspector General of Police, Bhagalpur.

4.

Deputy Inspector General of Police, Bhagalpur. 5.

Senior Superintendent of Police, Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 31-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for following reliefs:

"1. That though this Writ petition begs following Writ/Writs, order/orders, direction/direction.

(i) For direction to the respondents to the respondents to appoint the petitioner on the post of Constable on the effect of 31.12.2013.

(ii) For direction to the respondents to appoint the petitioner on pay grade of Rs. 2000/- on the Post of constable. (iii) For direction to the respondents to pay a arrears of salary to the petitioner on the effect of 31.12.2013.

(iv) For direction to the Respondents to any other relief/relieves

Patna High Court CWJC No.3685 of 2021 dt.31-01-2022 2/3 which is entitled to the accordance with law."

3. Petitioner had cause of action in the year 2013. Perusal of the pleadings, there is no explanation from 2013 to 2021 except pointing out certain Memos dated 17.06.2016 and representation/application dated 14.09.2019.

4. Apex Court in the case of Jammu and Kashmir V. R.K. Zalpuri reported in AIR 2016 SC 3006 at para 20 held as under: "20. Having stated thus, it is useful to refer to a passage from City and Industrial Development Corporation V. Dosu Aardeshir Bhiwandiwala and Others, wherein this Court while dwelling upon jurisdiction under Article 226 of the Constitution, has expressed thus:- "The Court while exercising its jurisdiction under Article 226 if duty-bound to consider whether:

(a) adjudication of writ petition involves any complex and disputed questions of facts and whether they can be satisfactorily resolved;

(b) the petition reveals all material facts;

(c) the petitioner has any alternative or effective remedy for the resolution of the dispute;

(d) person invoking the jurisdiction is guilty of unexplained delay and laches;

(e) ex facie barred by any laws of limitation;

(f) grant of relief is against public policy or barred by any valid law; and host of other factors."

5. One of the principle laid down in the aforesaid decision is to entertain petition under Article 226 of the Constitution, one must satisfy delay and laches, if any.

6. In the present petition, petitioner has not explained

Patna High Court CWJC No.3685 of 2021 dt.31-01-2022 3/3 delay and laches from 2013 to 2021. Accordingly, the instant petition stands dismissed on the ground of delay and laches. (P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date Transmission Date