Sukhdeo Jha And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.554 of 2017 ====================================================== 1.

Sukhdeo Jha S/o Sri Umakant Jha, resident of Village- Phulparas, P.O. and P.S.- Phulparas, District- Madhubani. at present president Bihar Rajya Chaukidari Tehsildar Sangh.

2.

Manj Kumar Sigh, S/o Sri Lalit Singh, resident of Village- Bandhua, P.O.- Sohaipur, P.S.- Mufasil, District- Gaya, at present Mahamantri, Bihar Rajya Chaukidari Tehsildar Sangh.

... ... Petitioner/s

Versus

1.

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

The Commissioner-cum-Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Special Secretary, Department of Revenue Land Reforms, Government of Bihar, Patna.

4.

The Joint Secretary, Department of Revenue Land Reforms, Government of Bihar, Patna.

5.

The Commissioner, Department of Home (Police), Government of Bihar, Patna.

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

For the Petitioner/s :

Mr.Dhirendra Kumar Jha, Advocate.

For the Respondent/s :

Mr.Raj Kishore Roy, GP-18.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-09-2024 Heard Mr. Dhirendra Kumar Jha, learned counsel appearing on behalf of the petitioners and Mr. Raj Kishore Roy, learned GP-18 for the State.

2. The petitioners, in paragraph no.1 of the present writ application, have sought for, inter alia, following reliefs, which is reproduced hereinafter:

"(i) For directing the respondents to regularize the petitioner and other persons, i.e. Chaukidari Tehsildars, giving all the facility equally to the other employees of the Government of Bihar.

(ii) For directing the respondents to adjust the appointed Tehsildars or the Ward of the dead appointed Tehsildars in any Department of the Government of Bihar. (iii) For directing the respondents to pay the

Patna High Court CWJC No.554 of 2017(9) dt.09-09-2024 2/2 salary of Tehsildars/Circle Sarpanch/Bit President/Assessors from 01.01.1990 in view of the decisions made by the Government.

(iv) For quashing the order and decision of the respondents as contained Memo No. 414 dated 28.04.1997 issued under the signature of Respondent No.2 in purported compliance of the judgment/order of this Hon'ble Court dated 29.03.1996 passed in C.W.J.C. No. 4339 of 1991. (v) For any other relief or reliefs for which the petitioners are found entitled to in the facts and circumstances of the case.

3. In view of the fact that in support of the relief as prayed for in the present writ petition, no information has been given on behalf of the petitioners as to from which date they were giving services at Panchayat, Block or District Level.

4. I find that the petitioners, if so desire, may approach the concerned authority, as and when selection process is initiated for appointment of Chaukidar in light of the Bihar Panchayat Raj Act, 2006, considering the fact that vide Memo No. 155 dated 16.08.2016, published in Bihar Gazette, "The Bihar Repeal of Laws (which are no longer needed or relevant) Act, 2016 which came into effect from 16.08.2016, by virtue of which "the Village Chaukidari Act, 1870" and "the Bengal Village Chaukidari Act, 1871" have been repealed.

5. The writ petition, accordingly, stands disposed of. (Purnendu Singh, J) mantreshwar/- U