Raj Kishore Manjhi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.332 of 2018 In Civil Writ Jurisdiction Case No.888 of 2015 ====================================================== Raj Kishore Manjhi, son of Late Ram Kripal Manjhi @ Kripal Manjhi, resident of At & P.O.- Belhari, P.S.- Taraiya, District- Saran, presently Village- Jeganchapra, P.O.- Mirgapur, P.S.- Marhaura, District- Saran (Chapra).

... ... Appellant/s

Versus

1. The State of Bihar, through the Secretary, Department of Rural Development, Govt. of Bihar, Patna.

2. The Accountant General (A & E) Bihar, Veer Chand Patel Path, Patna.

3. The District Magistrate, Saran at Chapra.

4. The District Provident Fund Officer, Saran at Chapra.

5. The Treasury Officer, Saran at Chapra.

6. The Circle Officer, Taraiya, Saran.

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

For the Appellant/s :

Mr. Shashi Shekhar Tiwary, Advocate For the Respondent/s :

Mr. Anjani Kumar, AAG-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 06-12-2018 Even though this appeal has been listed for removal of defects, we have gone through the records. There are certain surprising facts which even otherwise deserve to be taken notice, namely, that the date of death of the appellant's father, admittedly, as indicated by the appellant himself, is 6th of January, 1971 whereas the identification proof filed in support of the appeal, which is a photostat copy of the Aadhar Card, depicts the date of

Patna High Court LPA No.332 of 2018 dt.06-12-2018 2/2 birth of the appellant as 1st of January, 1973. Apart from this, the appellant has relied on a letter written by his late mother dated 17th of April, 1974, which is Annexure-3 to this appeal, where she has described that her only son, namely, Raj Kishore Manjhi, who is the appellant herein has become major. Such facts are glaringly inconsistent and not only create a doubt but even create a cloud over the date of birth of the appellant himself. To rely on such documents and then proceed to question the correctness of the judgement of the learned Single Judge would be a travesty of justice.

For the said reasons, we are not inclined to entertain this appeal, much less allow any time for removal of defects. Appeal stands rejected.

(Amreshwar Pratap Sahi, CJ) ( Anjana Mishra, J) Nasimul/- K.C.Jha AFR/NAFR NAFR CAV DATE N/A Uploading Date 10.12.2018 Transmission Date N/A