Patna High Court
Manzer Hassan KhanversusThe State of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- NANI TAGIA
Holding
The appointment order is beyond its operative period and cannot be challenged; the writ petition is disposed.
Summary
Manzer Hassan Khan, a former Public Prosecutor of Nalanda district, filed a writ petition challenging the appointment of Md. Qaiser Imam as Public Prosecutor by an order dated 08-11-2018 and seeking reinstatement and compensation for the period he was removed from office. He prayed for a writ of certiorari to quash the appointment order and a writ of mandamus to declare it a nullity and to restore his own appointment. The Court observed that the impugned appointment order had a three‑year term which had already expired, rendering any challenge moot. The Court also noted that the petitioner’s earlier grievance regarding his termination had already been decided in CWJC No. 10661 of 2017 and LPA No. 402 of 2018. Consequently, the Court held that there was no remaining issue to adjudicate and disposed of the petition.
Issues considered
- The validity of the appointment order dated 08-11-2018 appointing Md. Qaiser Imam as Public Prosecutor, given that its term had expired.
- The petitioner's claim for reinstatement and compensation for the period he was out of office, previously adjudicated.
Subjects
- Public Prosecutor
- Appointment
- Writ of Certiorari
- Writ of Mandamus
- Expiry of Order
- Administrative Law
- Jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4788 of 2019
======================================================
Manzer Hassan Khan Son of Late Nehal Hassan Khan Resident of Kaghzi
Mohalla, Captaina Colony, P.S.- Bihar Sharif, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar and Ors through the Principal Secretary, Department of
Law, Government of Bihar, Patna
2. The Special Secretary (Law), Govt. of Bihar, Patna.
3. The Secretary, Law Department, Bihar, Patna.
4. The Joint Secretary, Law Department, Bihar, Patna.
5. The District Magistrate, Nalanda at Biharsharif
6. Md. Qaiser Imam, Son of non known, Public Prosecutor Nalanda at
Biharsharif
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Sinha, Sr. Advocate
Mr. Javed Aslam, Advocate
Mr. Rajiv Ranjan, Advocate
Ms. Pratima Kumari, Advocate
For the Respondent/s : Mr. Prashant Pratap (Gp2)
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL ORDER
3 23-02-2026 This writ petition has been filed with the following
prayers:
“1. That The Petitioner seeks indulgence of this
Hon'ble High Court for the following relief/s:
A. A writ in the nature of CERTIORARI or any other
appropriate writ/s, order/s direction/s quashing the
following:-
i. The order dated 08.11.2018 issued by
Secretary, Law Department, Government of Bihar,
Patna the Respondent No. 3 as contained in Memo No.
9126 addressed to the District Magistrate, Nalanda at
Biharsharif appointing the Respondent No. 6 as Public
Prosecutor for three years for Nalanda District.
Patna High Court CWJC No.4788 of 2019(3) dt.23-02-2026
2/3
(Annexure – 10)
B. A writ in the nature of MANDAMUS or any other
appropriate writ/s, order/s direction/s directing the
respondent authorities the following:-
i. To treat the order contained in Annexure -
10 to be nullity and non-est in the eye of law.
ii. To treat the Petitioner to be Public
Prosecutor Nalanda for 3 years excluding the period
the Petitioner was removed from the office of Public
Prosecutor and was not allowed to work.
iii. To extend the period for which the
Petitioner was kept out of the office of illegally and not
allowed to work as Public Prosecutor.
C. To any other relief/s to which the petitioner is found
entitled to.”
2. By the prayer made in paragraph 1. A(i) and B(i) the
petitioner has put to challenge the order dated 08.11.2018, whereby
the respondent No. 6 was appointed as Public Prosecutor for the
district of Nalanda for a period of three years by the respondent
No. 3/Secretary, Law Department, Government of Bihar as
contained in Memo No. 9126 addressed to the District Magistrate,
Nalanda at Biharsharif.
3. Since, the appointment of respondent No. 6 as Public
Prosector for the district of Nalanda, vide the impugned
Patna High Court CWJC No.4788 of 2019(3) dt.23-02-2026
3/3
appointment order dated 08.11.2018, was only for a period of three
years, nothing survives in this writ petition to be adjudicated with
regard to the legality of the impugned order dated 08.11.2018, as
the validity of the said order has expired with the efflux of time.
4. Insofar as prayer made by the petitioner in paragraph
1. B(ii) and (iii) which is with regard to his earlier appointment as
Public Prosecutor for three years for the district of Nalanda and
termination of his appointment before the expiry of three-year
tenure is concerned, the same has already been adjudicated by this
Court in CWJC No. 10661 of 2017 filed by the petitioner and in
LPA No. 402 of 2018 filed by the State of Bihar challenging the
judgment and order passed in CWJC No. 10661 of 2017.
5. Since the prayers of the petitioner in writ petition, as
made in paragraph 1. B(ii) and (iii), already stands adjudicated in
the writ petition and the LPA mentioned above, the present writ
petition shall also stand disposed of in terms of the adjudication
made in the aforesaid writ petition and the LPA with regard to
prayer made in 1. B(ii) and (iii) of the writ petition is concerned.
6. The writ petition is disposed of in the above terms.
(Nani Tagia, J)
Siddharth
Sagar/-
U
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