Shashi Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.571 of 2022 In Civil Writ Jurisdiction Case No.1187 of 2022 ====================================================== 1.

Shashi Kumar Ram Son of Ranjeet Kumar Ram, resident of VillageBanuchhapar, P.S.-Muffasil Bettiah, District-West Champaran. 2.

Bhuwneshwar Prasad, Son of Late Lakshmi Yadav, Resident of VillageRampurva (Chaparia Tola), P.S.-Mainatar, District-West Champaran. 3.

Akhilesh Kumar Sharma, Son of Satan Sharma, resident of Village-Dhum Nagar Tola, Daswa, P.S.-Nautan, District-West Champaran. 4.

Swaminath Ram, Son of Pathal Ram, Resident of Village-Pateji Bahadur, P.S.-Ashon, District-West Champaran.

5.

Ranjeet Kumar Sharma, son of Ramchandra Sharma, Resident of VillageD.M. Colony, Gandak no., P.S.-Bettiah, District-West Champaran. 6.

Brij Bhushan Pandey, son of Vishwanath Pandey, resident of VillageBishwas, P.S.-Sirisia, O.P. (Chanpatia), District-West Champaran. ... ... Appellant/s

Versus

1.

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

The Principal Secretary, General Administration Department, Government of Bihar, Old Secretariat Building, Patna.

3.

The Principal Secretary, Home Department, Government of Bihar, Old Secretariat Building, Patna.

4.

The Director General of Police, Bihar, Patna, Old Secretariat Building, Patna.

5.

The Bihar Staff Selectionb Commission, Veterinary College, Patna through its Secretary.

6.

The Chairman, Bihar Staff Selectionb Commission, Veterinary College, Patna.

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

For the Appellant/s :

Mr. Avinash, Advocate Mr. K.N. Jha, Advocate For the Respondent/s :

Mr. Saroj Kumar Sharma, AC to AAG-3 Mr. Bikash Tiwary, Advocate ======================================================

Patna High Court L.P.A No.571 of 2022 dt.21-03-2025 2/3 CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA CAV JUDGMENT (Per: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA) Date : 21-03-2025 Heard the parties.

2. The present appeal arises out of an order dated 23.09.2022 passed by the learned Single Judge in CWJC No.1187 of 2022 by which the writ petition was dismissed taking into account the fact that in a similar case bearing CWJC No.535 of 2020 (disposed of on 05.07.2022), the said writ petition was dismissed considering the fact that the Hon'ble Apex Court in SLP (C) No.2795-2797 of 2017 had restricted the relief in favour of only 133 persons. The parties before the learned Single Judge were in agreement that the case of the appellants/petitioners was squarely covered by the above order dated 05.07.2022 passed in CWJC No.535 of 2020.

3. During the pendency of the present appeal a similar LPA bearing No.583 of 2022 arising out of CWJC No.13840 of 2019 has also been dismissed vide order dated 05.01.2024 by a co-ordinate Bench of this Court. A copy of the said order along with copy of the order passed by the Hon'ble Apex Court in contempt petition relating to one Arvind Kumar & others Vs. Amir Subhani & Ors. and also Rajeev Kumar & Ors. Vs.

Patna High Court L.P.A No.571 of 2022 dt.21-03-2025 3/3 Amir Subhani & Ors. [Contempt Petition (C) No.1711 of 2018 and Contempt Petition (C) No(S).1871-1875 of 2018] have been placed before this Court by the respondents, squarely covering the issue raised in the present LPA. The counsel for the appellant also agrees that in the light of the order of the Hon'ble Apex Court in Contempt Petition (C) No.1711 of 2018 and Contempt Petition (C) No(S).1871-1875 of 2018 and the order dated 05.01.2024 passed in LPA No.583 of 2022 by a coordinate Bench of this Court, nothing survives in the present appeal.

4. In view of the above, the present LPA No.571 of 2022 stands dismissed.

(P. B. Bajanthri, J) ( Alok Kumar Sinha, J) Prakash Narayan AFR/NAFR NAFR CAV DATE 17.03.2025 Uploading Date 21.03.2025 Transmission Date NA