Patna High CourtCWJC/20431/2013dismissed

Bhola Singh v. The State Of Bihar And ORS

2016-08-10Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20431 of 2013 ===========================================================

1. Bhola Singh S/O Sri Ramchandra Singh Resident Of Village- Mosimpur, P.S.- Khusrupur, District- Patna .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The District Magistrate, Patna

3. The Superintendent Of Police, Patna

4. The Additional Superintendent Of Police, Fatuha, Patna

5. The Officer-In-Charge, Khusrupur Police Station, District- Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar, Advocate. For the Respondent/s : Mr. Sajid Salim Khan SC-25. =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 10-08-2016 Heard.

The petitioner is a contractor. He seeks a Security Guard from the State respondent. Earlier for similar relief, he had filed a writ petition vide CWJC No. 1369 of 2009. A Bench of this Court by a proceeding dated 09.12.2010 (Annexure-7) directed the respondents to pass a reasoned/speaking order with regard to the prayer of the petitioner for providing him security cover. Considering the threat perception faced by the petitioner, the respondent-Senior Superintendent of Police has passed an order refusing to provide him the Security cover vide order dated 23.3.2012 (Annexure-10). On going through the said order, it appears the petitioner carries criminal

Patna High Court CWJC No.20431 of 2013 dt.10-08-2016 2/2 antecedents.

Learned counsel for the State has pointed out that even the private Security guard retained by the petitioner is also an accused of a serious offence. In paragraph no. 6 of the counter affidavit, the respondents have stated that the claim of the petitioner was considered by the District Level Security Committee presided by the District Magistrate and on appraising reports held that the petitioner not entitled to deployment of Government Security Guard even on payment basis. In such matter, the Court can only direct consideration of the claim of the petitioner. The reasons assigned for refusal would not be appreciated in writ jurisdiction unless it is shown to be wholly perverse or patently absurd. This is not the case. The writ application is dismissed.

(Kishore Kumar Mandal, J) Shyam/- U