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Patna High Court

Ramu ManjhiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The earlier dismissal order had attained finality, leaving no ground for a fresh writ; the petition is dismissed.

Summary

Petitioner Ramu Manjhi filed a writ petition seeking a mandamus directing the State of Bihar to reconsider his application for a compassionate appointment as Chaukidar after his father's death. He had previously filed a similar petition (CWJC No.21093 of 2012) which was dismissed on 7 February 2014, and no appeal was filed against that order. The Court observed that the earlier order had attained finality and therefore the petitioner had no jurisdictional ground to raise a fresh writ. As the petitioner did not appear, the Court did not impose costs. Consequently, the writ application was dismissed.

Issues considered

  • Whether a fresh writ of mandamus can be filed to seek reconsideration of an application when the earlier writ petition has been dismissed and the order has attained finality.

Subjects

  • writ of mandamus
  • compassionate appointment
  • finality of order
  • administrative law
  • public service appointment

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.550 of 2026
                 ======================================================
                 Ramu Manjhi, S/O Late Mohan Manjhi, Resident of Village- Adupur, P.S.
                 Garkha, District- Saran at Chapra.

                                                                              ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar through the Principal Secretary, Home Department,
                 Government of Bihar, Patna.
           2.    The District Magistrate, Saran at Chapra.
           3.    The Sub-Divisional Officer, Saran at Chapra.
           4.    The Circle Officer, Garkha, Saran at Chapra.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       None
                 For the Respondent/s     :       Government Pleader-17
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   19-02-2026                 No one appears on behalf of the petitioner. Learned

                   counsel for the respondents is present.

                               2. The petitioner has filed the instant application for

                   the following reliefs :-

                                                   “(I) That this is an application for
                                        issuance of writ in the nature of mandamus to
                                        direct the respondent concerned to reconsider
                                        the application filed by the petitioner before the
                                        District Magistrate, Saran at Chapra on 25-08-
                                        2025 whereby and whereunder father of the
                                        petitioner was posted on the post of Chaukidar
                                        in District, Saran at Chapta but during the
                                        period of his service died on 15-01-2009 and
                                        petitioner applied for the post of Chaukidar in
                                        place of his father on basis of compassionate
Patna High Court CWJC No.550 of 2026(2) dt.19-02-2026
                                            2/3




                             ground but authority concerned reject the
                             petition of the petitioner rather the petitioner his
                             no sources of income and suffering from many
                             economically problem with his family which is
                             illegal, improper and against the eye of law.
                                                  A photo copy of application dt.
                                                  25-08-2025 is annexed here with
                                                  and marked as annexure-1 to
                                                  this petition.
                                         II. That the issuance of any other
                             relief or reliefs for which the Petitioner is
                             entitled with the facts and circumstances of the
                             case.”

                      3. It is submitted by learned counsel for the

          respondents in reference to the statement made in paragraph

          no.9 of the writ application and the order annexed as Annexure-

          P/5 that the earlier application filed by the petitioner for similar

          reliefs was dismissed by order dated 7.2.2014 passed in CWJC

          no.21093 of 2012. Further from the contents of the writ petition

          it does not appear that any appeal was preferred against the said

          order and as such, the same attained finality. It is thus submitted

          that the writ application be dismissed.

                      4. Having heard learned counsel for the respondents

          and having perused the contents of the petition, it transpires that

          the father of the petitioner who was a Chaukidar in district

          Saran at Chapra died on 15.1.2009. Not having got the
            Patna High Court CWJC No.550 of 2026(2) dt.19-02-2026
                                                        3/3




                      appointment on compassionate ground, the earlier writ

                      application filed by the petitioner being CWJC no.21093 of

                      2012 was dismissed vide order dated 7.2.2014 (Annexure-P/5).

                      The said order having attained finality, in the opinion of the

                      Court, the petitioner has no ground for moving this Court once

                      again in a fresh writ application.

                                  5. Learned counsel for the petitioner not having

                      appeared, it is only for this reason that the Court is not imposing

                      heavy costs.

                                  6. The writ application is dismissed.



                                                  (Partha Sarthy, J)
avinash/-

U


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