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Patna High CourtCWJC/13222/2019disposed

Hiralal Ray v. The State Of Bihar

2025-06-25Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13222 of 2019 ====================================================== Hiralal Ray Son of Singheshwar Ray, Resident of Village- Nonagi, P.O.- Khapra, P.S.- Tetiabambar, District- Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Home Department, Government of Bihar, Patna.

2.

The Joint Secretary, Home Department (Special Branch), Bihar, Patna. 3.

The Addl. Secretary, Home (Police) Department, Bihar, Patna. 4.

The Principal Secretary, General Administration Department, Bihar, patna. 5.

The Commissioner, Munger Division, Munger.

6.

The District Magistrate, Munger.

7.

Incharge Deputy Collector, District General branch, Munger. 8.

The Officer-on-Special Duty-cum-Officer Incharge of the District General Branch Munger.

9.

The Circle Officer, Sangrampur, District- Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukul, Advocate For the Respondent/s :

Mrs. Babita Kumari, AC to SC - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 25-06-2025 Heard Mr. Mukul, learned Advocate for the petitioner and Ms. Babita Kumari, learned Advocate for the State.

2. It has been apprised to this Court that the issue raised in the present writ petition has come up for consideration before the learned Division Bench of this Court in the case of Devmuni Paswan vs. The State of Bihar & Ors. [2023 (2) PLJR 425], wherein clause 5(7) of the Bihar Chaukidar Cadre (Amendment) Rules, 2014 declared ultra vires and violative of Articles 14 and 16 of the Constitution of India. Challenge to the

Patna High Court CWJC No.13222 of 2019(3) dt.25-06-2025 2/2 decision of the Division Bench also failed before the Hon'ble Supreme Court in Special Leave to Appeal No. 18983 of 2023 and 12954 of 2023.

3. In view of the settled legal position, this Court does not find any merit in the writ petition.

4. Accordingly the same stands dismissed.

(Harish Kumar, J) supratim/- U