Patna High Court
Sanjay Kumar Sharma @ Sanjay SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
A writ of mandamus cannot be issued unless the petitioner first files a representation before the competent authority.
Summary
The petitioner, Sanjay Kumar Sharma, filed a writ petition seeking a mandamus directing the Senior Superintendent of Police, Saharsa, to select him for the post of Home Guard Constable. The State counsel objected, noting that the petition did not include the required representation by the petitioner. The Court observed that the petitioner had not filed any representation before the District Magistrate, which is a prerequisite for such relief. Consequently, the Court directed the petitioner to submit his representation within 30 days and ordered the District Magistrate to issue a reasoned order within 90 days. With these directions, the writ petition was disposed of.
Issues considered
- What is the appropriate remedy when a petitioner seeks a writ of mandamus for selection to a government post without having filed the requisite representation?
Subjects
- writ of mandamus
- selection process
- home guard constable
- representation requirement
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7990 of 2022
======================================================
Sanjay Kumar Sharma @ Sanjay Sharma Son of Ram Bahadur Sharma
Resident of Village-Harewa, P.O.-Harewa, P.S.-Salakhua, District-Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar the Additional Chief Secretary, Home Department,
Government of Bihar, Patna
2. The Director General of Police, Bihar, Patna.
3. The District Magistrate, Saharsa.
4. The Senior Superintendent of Police (SSP), Saharsa.
5. The District Commandant, Home Guard, Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subesh Sharma, Advocate
For the Respondent/s : Mr. M. Nasrul Huda Khan (SC-1 )
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 29-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. By virtue of the present writ petition, the petitioner
seeks issuance of writ of mandamus against respondent no.4 for
selection of the petitioner on the post of Home Guard Constable
in Saharsa district.
3. Learned counsel for the State raised a preliminary
objection and submits that by virtue of this writ petition, prayer
for issuance of writ of mandamus has been requested. But,
representation is not on record.
Patna High Court CWJC No.7990 of 2022(4) dt.29-01-2026
2/2
4. In this background, the petitioner is hereby directed
to file his representation before the District Magistrate, Saharsa
(Respondent no.3) within 30 days from today and the
Respondent no.3 shall pass a reasoned and speaking order on
the representation filed by the petitioner within 90 days
thereafter.
5. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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