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Patna High CourtCWJC/7219/2008disposed

Singheshwar Thakur v. The State Of Bihar And ORS

2015-03-25Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7219 of 2008 ====================================================== Singheshwar Thakur, son of Late Praside Thakur, resident of village - Kushi Harpur Horil, Police Station - Kanti, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Bihar, Patna

2. The Director, Consolidation, Bihar

3. The Deputy Director, Consolidation, Muzaffarpur

4. The District Magistrate, Muzaffarpur, Bihar

5. The Additional District magistrate, Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nachiketa Jha For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 25-03-2015 The petitioner, invoking writ jurisdiction of this court under Article 226 of the Constitution Of India, has prayed for direction to respondents to consider his case for promotion as a Head Clerk or its equivalent post in the department of Consolidation.

On perusal of the writ petition it appears that without demanding justice the petitioner has directly approached this court for issuance of writ of mandamus.

The court is of the opinion that while making prayer for issuance of writ of mandamus it is necessary to first demand justice before the concerned authority and in case of failure one can approach this court.

After some argument, learned counsel for the petitioner

Patna High Court CWJC No.7219 of 2008 (3) dt.25-03-2015 2/2 makes a prayer for disposal of the present writ petition granting liberty to the petitioner to file representation before the concerned authority .

The prayer is allowed.

The writ petition stands disposed of granting liberty to the petitioner to file detailed representation regarding his claim. If such representation is filed within a period of eight weeks from today, the concerned authority may consider the representation and decide the same in accordance with law preferably within a period of two months thereafter.

(Rakesh Kumar, J) Praful/- U