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Patna High CourtCWJC/10487/2025disposed

Sandeep Thapa v. The State Of Bihar

2025-07-08Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10487 of 2025 ====================================================== Sandeep Thapa Son of Manbahadur Thapa, Resident of BMP 1, Phulwari P.S. B.V. College Patna District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

Director General of Police, Bihar, Patna.

3.

D.I.G. of Police, Bihar Special Armed Police, Central Zone, Patna. 4.

Commandant, Bihar Special Armed Police-1, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Hriday Prasad, Advocate For the Respondent/s :

Mr. Standing Counsel (08) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-07-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for issuance of appropriate writ, order or direction to quash the order of dismissal dated 9.9.22 (Annexure-P/1) passed by the Commandant, Bihar Special Armed Police-1, Patna and order dated 10.8.2023 (Annexure-P/3) passed by the D.I.G. of Police, Bihar Special Armed Police, Central Zone, Patna by which the appeal of the petitioner was rejected and for grant of all consequential benefits.

3. Learned counsel for the State raised a preliminary objection and submits that from the pleadings, it transpires that

Patna High Court CWJC No.10487 of 2025(2) dt.08-07-2025 2/2 the memorial of the petitioner is still pending before the Director General of Police, Bihar, Patna, which was filed on 17.05.2024.

4. Counsel further submits that the order of the Appellate Authority was passed on 10.08.2023 itself. Thereafter, after a long gap, the petitioner has filed the writ petition only after about two years.

5. It transpires from the pleading that the order of appeal was passed on 10.08.2023, but the copy of the appellate order was not served upon the petitioner and became available to the petitioner only in May 2024, when the petitioner himself approached the office of the Commandant. Thereafter, he preferred a memorial, annexed as Annexure P/5, in which no order has yet been passed.

6. In the light of the submissions made, the present writ petition stands disposed off, directing the Director General of Police, Bihar, Patna (respondent No. 2) to take a decision on the memorial annexed as Annexure P/5 within 90 days from the date of production of the order.

(Dr. Anshuman, J.) Aman Kumar/- U