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Patna High CourtCWJC/25599/2019dismissed

Birendra Kumar Singh, v. The State Of Bihar

2025-07-09Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25599 of 2019 ====================================================== Birendra Kumar Singh, S/o Late Ram Lakhan Singh, Resident of VillageJatahi, Ward No. 14 Gram Panchayat Raj-Chaturbhuj Piprahi, Post OfficeParsahi Police Station- Khutauna, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Home Affairs, (Police) Department Government of Bihar, Patna.

2.

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

3.

The Additional Secretary, Home Affairs, (Police) Department, Government of Bihar, Patna.

4.

The District Magistrate, Madhubani.

5.

The Deputy Collector (District General, Section) Madhubani. 6.

The Sub-Divisional Officer, Phulparas, District- Madhubani. 7.

The Circle Officer, Khutauna, P.S. Khutauna, District- Madhubani. 8.

The Station House Officer, Khutauna, P.S. Khutauna, District- Madhubani. 9.

The Chowkidari Officer Jhanjharpur, P.S.- Jhanjharpur, District- Madhubani. 10.

The Sub-Divisional Police Officer, Phulparas, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Prasad, Adv.

For the Respondent/s :

Mr. U.B. Roy, Adv.

Mr. Ashok Kumar Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-07-2025 Heard the parties.

2. Learned Advocate for the petitioner and the State fairly submitted that the issue raised before this Court has already been settled by a decision of the learned Division Bench of this Court in L.P.A. No. 508 of 2022. [Devmuni Paswan vs. The State of Bihar & Ors.] reported in 2023 (2) PLJR 425, wherein clause 5(7) of the Bihar

Patna High Court CWJC No.25599 of 2019(3) dt.09-07-2025 2/2 Chaukidar Cadre (Amendment) Rules, 2014 was declared ultra vires and violative of Articles 14 and 16 of the Constitution of India. The challenge to the order passed by the learned Division Bench also failed before the Hon'ble Supreme Court in Special Leave to Appeal (c) No. 12954 of 2023 and Special Leave to Appeal No. 18983 of 2023.

3. In view of the aforesaid facts, no relief can be granted to the petitioner.

4. The writ petition accordingly stands dismissed. (Harish Kumar, J) supratim/- U