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Patna High Court

Rajdeo DasversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The appeal is disposed of with directions that the appellants file fresh representation before the District Magistrate, who shall determine their eligibility for the benefits extended in the earlier order.

Summary

The appellants, a group of 33 individuals, appealed an order dismissing their writ petition in a civil writ jurisdiction case. They sought to have their case considered by the District Magistrate, Gaya, on the basis of a prior order (L.P.A. No. 121 of 2020) that extended benefits to similarly situated persons. The Patna High Court, per Justice Sudhir Singh, directed the appellants to file a fresh representation before the District Magistrate, who must hear them, determine if they are similarly situated, and, if so, extend the same benefits. The court set a three‑month deadline for the District Magistrate to complete this process and ordered that any pending applications also be disposed of. Consequently, the intra‑court appeal was disposed of with these procedural directions.

Issues considered

  • Whether the appellants are entitled to the same benefits granted in L.P.A. No. 121 of 2020 to similarly situated persons.
  • Whether the appellants must file a fresh representation before the District Magistrate, Gaya, to invoke those benefits.
  • Whether the District Magistrate has the authority to consider and pass a reasoned order on the appellants' claim.

Subjects

  • intra‑court appeal
  • letters patent
  • civil writ jurisdiction
  • district magistrate
  • fresh representation
  • benefit extension
  • procedural direction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.1086 of 2023
                                          In
                   Civil Writ Jurisdiction Case No.2544 of 2020
     ======================================================
1.    Rajdeo Das (M), aged about 53 years, Son of Rameshwar Das, Resident of
      Village- Bagwar, P.O.- Suganwan, P.S.- Makhdumpur, District- Jehanabad.
2.   Arvind Pandey (M), aged about 56 years, Son of Yamuna Pandey, Resident
     of Village and P.O.- Neuri, P.S.- Belaganj, District- Gaya.
3.   Ramjeet Das (M), aged about 56 years, Son of Nageshwar Das, Resident of
     Village and P.O.- Kalpa, P.S.- Jehanabad, Distt- Jehanabad.
4.   Siddhnath Prasad (M), aged about 54 years, Son of Mudrika Prasad,
     Resident of Village- Mira Bigha, P.O.- Bara, P.S.- Gaya, District- Gaya.
5.   Devendra Das (M), aged about 54 years, Son of Birju Das, Resident of
     Village and P.O.- Dharaut, P.S.- Makhdumpur, District- Jehanabad.
6.   Sunil Kumar (M), aged about 55 years, Son of Uma Shankar Singh,
     Resident of Mohalla- Lakhibagh Manpur Gaya P.S.- Muffasil, District-
     Gaya.
7.   Manoj Kumar (M), aged about 49 years, Son of Ranjeet Raut, Resident of
     Village- Elara, P.O.- Cherki, P.S.- Bodh Gaya, District- Gaya.
8.   Lalan Pd. Pandit (M), aged about 48 years, Son of Basudeo Prasad Pandit,
     Resident of Mohalla- Katari Hill, Kumhar Toli, P.O.- Gaya, P.S.- Chandauti,
     District- Gaya.
9.   Sindhu Kumar (M), aged about 53 years, Son of -Somar Ravi Das, Resident
     of Village- Kastha, P.O.- Solara, P.S.- Paraiya, District- Gaya.
10. Urmila Kumari (F), aged about 49 years, Wife of Manoj Rajak, Resident of
    Mohalla- Chand Chaura, P.O.- Chand Chaura, P.S.- Civil Line, District-
    Gaya.
11. Nilam Kumari (F), aged about 49 years, W/o Jay Raj Kumar, Resident of
    Village- Baradih, P.O.- Baragandhar, P.S.- Muffasil, District- Gaya.
12. Jayanti (F), aged about 49 years, Wife of Sunil Kumar Goswami, Resident
    of Mohalla- Bhusanda, P.O.- Nawranga, P.S.- Muffasil, District- Gaya.
13. Suresh Prasad (M), aged about 54 years, Son of Janki Bhagat, Resident of
    Mohalla- Dighi Talab, P.O.- Gaya, P.S.- Civil Line, District- Gaya.
14. Shiv Kumar Paswan (M), aged about 53 years, Son of Mungeshwar Paswan,
    Resident of Village- Hamjapur, P.O.- Sherghati, P.S.- Amas, District- Gaya.
15. Ravindra Kumar Pandey (M), aged about 56 years, Son of Sukhdev Pandey,
    Resident of Mohalla- Narain Chulha, P.O.- Chand Chaura, P.S.- Vishnupad,
    District- Gaya.
16. Mahesh Prasad (M), aged about 56 years, Son of Narayan Das, Resident of
    Mohalla- Bageshwari Sthan, P.O.- R.S. Gaya, P.S.- Delha, District- Gaya.
17. Umashankar Singh (M), aged about 50 years, Son of Firangi Singh, Resident
Patna High Court L.P.A No.1086 of 2023(7) dt.17-06-2026
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        of Village- Dubhal, P.O.- Gaya P.S.- Magadh Medical, District- Gaya.
  18. Siyaram Singh (M), aged about 51 years, Son of Jagdeo Singh, Resident of
      Village- Balagardh, P.O.- Anandpur, P.S.- Rampur Chauram, District- Arwal.
  19. Munni Lal (M), aged about 53 years, Son of Prasadi Mochi, Resident of
      Village- Lalse Bigha, P.O.- Bharthua, P.S.- Kako, District- Jehanabad.
  20. Munna Paswan (M), aged about 48 years, Son of Raj Kumar Paswan,
      Resident of Village- Baradih, P.O.- Bara Gandhar, P.S.- Muffasil, District-
      Gaya.
  21. Uday Yadav, (M), aged about 55 years, Son of Dhannu Yadav, Resident of
      Mohalla- Imaliyachak, P.O.- Rampur, P.S.- Gaya, District- Gaya.
  22. Savitri Sharma (F), aged about 49 years, Wife of Surendra Thakur, Resident
      of Village- Kharauna, P.O.- Dakra, P.S.- Makhdumpur, District- Jehanabad.
  23. Kanchan Kumari (F), aged about 48 years, Wife of Om Prakash Azad,
      Mohalla- Bageshwari Gumti, P.O.- Railway Station, P.S.- Delha, District-
      Gaya.
  24. Prakash Kumar (M), aged about 54 years, Son of Panchu Manjhi, Resident
      of Mohalla- Bhatbigha Katari Hill Road Gaya, P.O.- Gaya, P.S.- Rampur,
      District- Gaya.
  25. Ravindra Kumar (M), aged about 57 years, Son of Rajeshwar Singh,
      Resident of Mohalla- Bangla Sthan Chitraguptra Nagar, P.O.- Railway
      Station- P.S.- Kotwali, District- Gaya.
  26. Krishna Dev Singh (M), aged about 56 years, Son of Raghunandan Singh,
      Resident of Village-Shahwajpur, P.O.- Earki, P.S.- Belaganj, District- Gaya.
  27. Sri Kant Ram (M), aged about 49 years, Son of Rishi Ram, Resident of
      Village- Mahuabagh, P.O.- Sarta, P.S.- Parasbigha, District- Jehanabad.
  28. Neelam Kumari (F), aged about 49 years, W/o-Yugal Kishor Sharma,
      Resident of Village- Manpur Bazar Near Manokamna Mandir, P.O.-
      Buniyadganj, P.S.- Buniyadganj, District-Gaya.
  29. Sujata (F), aged about 49 years, W/o- Raj Kumar Ray, Resident of Mohalla-
      Bhikhanpur Bhatta Road Bishari Asthan Gumtin No. 2, P.O.- Dshak
      Bhagalpur, P.S.- Kotwali Bhaghalpur, District- Bhagalpur.
  30. Bhushan Prasad (M), aged about 55 years, Son of Rajnandan Yadav,
      Resident of Village- Kurua, P.O.- Jaytipur Kurua, P.S.- Ghoshi, District-
      Jehanabad.
  31. Sushil Kumar Choudhary (M), aged about 52 years, Son of Sidhnath
      Choudhary, Resident of Mohalla- Maula Bagh Harijan Vidyalay, Ara, P.O.-
      Ara, P.S.- Navada, District- Bhojpur.
  32. Raj Kumar (M), aged about 55 years, Son of Chandrika Roy, Resident of
      Mohalla- Akopur, P.O.- Janipur, P.S.- Sorampur, District- Patna.
  33. Bijay Kumar Choudhary (M), aged about 49 years, Son of Lala Choudhary
      Resident of Mohalla- Chakbrinda, P.S.- Gardanibagh, P.O.- Anisabad,
      District- Patna.


                                                                   ... ... Appellants
         Patna High Court L.P.A No.1086 of 2023(7) dt.17-06-2026
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                                                   Versus
           1.    The State of Bihar through the Chief Secretary Bihar, Patna.
           2.    The Principal Secretary, General Administrative Department, Govt. of Bihar,
                 Patna.
           3.    The Divisional Commissioner, Magadh Division, Gaya.
           4.    The District Magistrate, Gaya.
           5.    The District Magistrate-Cum-Chairman, Selection Committee Group “D”,
                 Posts Gaya.
           6.    The Additional Collector, Gaya.
           7.    The District Development Commissioner, Gaya.
           8.    The Deputy Collector, Establishment, Gaya,.
           9.    Then District Welfare Officer, Gaya.
           10. The Civil Surgeon-Cum- The Chief Medical Officer, Gaya.
           11. The Additional Chief Medical Officer, Gaya.
           12. Uma Kumari (F), aged about 52 years, W/o Rajesh Kumar, Resident of
               Mohalla- R.S.S. Delha Bageshwari Road, P.O.- Delha, P.O.- Railway
               Station, P.S.-Delha, District- Gaya.
           13. Rekha Devi (F), aged about 53 years, W/o-Binod Kumar Chaudhary,
               Resident of Mohalla- Laluchak Kali Asthan Ishakchak, P.O.- Ishakchak,
               P.S.- Bhagalpur, District- Bhagalpur.


                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Appellants       :        Mr. Siya Ram Shahi, Advocate, Mr. Abhishek Raj
                                                   Kashyap, Advocate and Shally Kumari, Advocate
                 For the State            :        Mr. Saroj Kumar Sharma, A.C. to A.A.G.-3.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

7   17-06-2026                   Heard learned counsel for the appellants and learned

                   counsel for the State.

                                 2. The present intra court appeal has been preferred

                   under Clause X of Letters Patent of Patna High Court Rules,

                   against the judgment and order dated 22.08.2023 passed by the
Patna High Court L.P.A No.1086 of 2023(7) dt.17-06-2026
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          learned Single Judge in C.W.J.C. No. 2544 of 2020, whereby the

          writ application preferred by the writ petitioners (appellants

          herein) came to be dismissed.

                       3. Learned counsel for the appellants confines his

          prayer and submits that case of the appellants be considered by

          Respondent no. 4, the District Magistrate, Gaya, in light of the

          order passed in L.P.A. No. 121 of 2020, whereby similarly

          situated persons have already been extended the benefit by the

          respondent-State.

                       4.    Considering        the       aforesaid   submission,   the

          appellants are directed to file a fresh representation/application

          before Respondent no. 4, the District Magistrate, Gaya, if not

          already filed.

                       5. Upon receipt of such representation/application,

          Respondent No. 4, the District Magistrate, Gaya, shall consider

          the claim of appellants and pass an appropriate reasoned order,

          in accordance with law, after affording an opportunity of

          hearing to the appellants.

                       6. In case the appellants found to be similarly situated

          to the beneficiaries of the order passed in L.P.A. No. 121 of

          2020, the consequential benefits shall also be extended to them.

                       7. Let the entire exercise be completed preferably
         Patna High Court L.P.A No.1086 of 2023(7) dt.17-06-2026
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                   within a period of three months from the date of receipt of the

                   representation/application.

                                8. With the aforesaid directions, the present intra

                   court appeal stands disposed of.

                                9. Pending application(s), if any, shall also stand

                   disposed of.



                                                        (Sudhir Singh, J)


                                                     ( Ranjan Kumar Jha, J)
U.K./-
U


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