Patna High Court
Ashok Mahato and AnrversusThe State of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- NANI TAGIA
Holding
The Chowkidar Cader Rules, 2014 are unconstitutional, and the writ petition is dismissed as infructuous.
Summary
Petitioners Ashok Mahato and Santosh Paswan filed a writ petition challenging the validity of the Chowkidar Cader Rules, 2014 issued by the State of Bihar. The State contended that the rules had already been declared unconstitutional by a Division Bench of the Patna High Court in Devmuni Paswan v. State of Bihar (2023) 2 PLJR 425, a decision subsequently upheld by the Supreme Court in SLP Civil No. 18983 of 2023. Relying on these precedents, the Court found that the petition was moot because the impugned rules were no longer in force. Consequently, the writ petition was dismissed as infructuous. The judgment reaffirmed the earlier rulings striking down the rules as unconstitutional.
Issues considered
- The constitutionality of the Chowkidar Cader Rules, 2014
- Whether the writ petition remains viable after the rules have been struck down by higher courts
Subjects
- Constitutional law
- Writ petition
- Administrative rules
- Invalidation
- Supreme Court
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4178 of 2019
======================================================
1. Ashok Mahato and Anr Son of Late Sonelal Mahato Resident of Village-
Bishunpur (Mohammadpur) Birauli, Ward No. 13, P.O. Birauli College,
P.S.Pusa, District Samastipur
2. Santosh Paswan Son of Shri Yugeshwar Paswan Resident of Village-P.O.
Kubauli Ram, P.S. Bangara, District Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar and Ors through the Principal Secretary, General
Administration Department Bihar, Patna
2. The Principal Secretary, General Administration Department, Bihar Patna
3. The District Magistrate, Samastipur
4. The Superintendent of Police, Samastipur
5. The Deputy Superintendent of Police, Samastipur
6. The Circle Officer, Circle-Pusa, District Samastipur
7. The Station Officer, P.S. Pusa District Samastipur
8. The Station Office, P.S. Bangara, District Samastipur
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar Jha, Advocate
For the Respondent/s : Mr. Manish Kumar (Gp4)
Mr. Manoj Kumar, AC to GP-4
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the parties.
2. Learned counsel for the State submits that the
Chowkidar Cader Rules, 2014 has been struck down as
unconstitutional by the Division Bench of this Court in the case
of Devmuni Paswan vs. State of Bihar reported in (2023) 2
PLJR 425 which has also been upheld by the Hon’ble Supreme
Court in SLP Civil No. 18983 of 2023.
3. This writ petition having been filed by the
Patna High Court CWJC No.4178 of 2019(3) dt.23-02-2026
2/2
petitioners seeking relief on the basis of the aforenoted rules,
which has been struck down by the Division Bench of this Court
and upheld by Hon’ble Supreme Court as noted hereinabove,
the writ petition stands disposed off as infructuous.
(Nani Tagia, J)
Nishant/-
U
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