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Patna High Court

Priya KumariversusThe State of Bihar through Sri Pratyaya Amrit, The Additional Chief Secretary Home PoliceDepartment

Decided
Disposal
DISPOSED

Holding

The Court granted the petitioners liberty to challenge the DG's order and disposed of the petition.

Summary

The petitioners, a group of individuals, filed a writ petition challenging the Director General of Police, Bihar's order issued after a previous court direction dated 15‑02‑2024. They alleged non‑compliance with that earlier order and sought liberty to contest the DG’s reasoned order through other legal remedies. The State of Bihar, represented by senior officials, opposed the petition. The Court examined whether the petitioners were entitled to such liberty and whether the petition warranted further adjudication. Justice Mohit Kumar Shah held that the petitioners were duly granted the requested liberty to challenge the order. Consequently, the Court disposed of the petition without further hearing.

Issues considered

  • Whether the petitioners are entitled to liberty to challenge the DG of Police's order under the law
  • Whether the petition is maintainable in view of the earlier court direction

Subjects

  • writ jurisdiction
  • public authority
  • court order compliance
  • liberty to challenge
  • civil procedure

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Jurisdiction Case No.4146 of 2024
                                         In
                    Civil Writ Jurisdiction Case No.836 of 2024
     ======================================================
1.    Priya Kumari D/o Mithilesh Singh, Resident of village- Masadhi , PS-
      Gaurichak, District- Patna.
2.   Kumari Anju, D/o Jagdish Trivedi, Resident of Village- Lauriya Mishra
     Tola, P.S- Lauriya, District- West Champaran.
3.   Priti Kumari, W/o Arun Singh, Resident of Village- Badhauna, P.S-
     Vidyapati Nagar, District- Samastipur.
4.   Rina Devi, W/o Jitendra Singh, Resident of Village- Bandhawa, P.S.- Tarari,
     District- Bhojpur.
5.   Rupam Kumari, D/o Sudarshan Shukla, Resident of village- Singhachhapar,
     P.S- Bettiah, District- West Champaran.
6.   Arti kumari, D/o Dilip Singh, Resident of village- Sikariya, P.S- Tikari,
     District- Gaya.
7.   Soni Kumari, D/o Braj Kishore Thakur, Resident of village- Inarwa, P.S-
     Lakhaura, District- East Champaran.
8.   Priyanka Chaubey, D/o Chandra Shekhar Chaubey, Resident of village-
     Chainchhapra, P.S- Haldi, District- Balia (U.P).
9.   Sharda Kumari, D/o Ajay Shankar Prasad Singh, Resident of village-
     Shokahra, P.S- Phulwariya, District- Begusarai.
10. Kumari Ritu, W/o Anand Kumar, Resident of village-Yadopur, P.S- Tiyar,
    District- Bhojpur.
11. Nilam Kumari, W/o Mukesh Kumar, Resident of village- Paltu Bigha, P.S-
    Makhdumpur, District- Jehanabad.
12. Chanda Kumari, D/o Hareshwar Singh, Resident of village- Mandruli, P.S-
    Amnaur, District- Saran.
13. Gudiya Kumari, D/o Gopal Singh, Resident of village- Alampur, P.S-
    Shakurabad, District- Jehanabad.
14. Rani Kumari, D/o Sudama Ray, Resident of village- Dhanesh Chapra, P.S-
    Janta Bazar, District- Saran at Chapra.
15. Kumari Kanchan Singh, D/o Shubh Narayan Singh, Resident of village-
    Chechar Dih, P.S- Bidupur, District- Vaishali.
16. Kriti Kumari, D/o Purushottam Roy, Resident of village- Rannuchak, P.S-
    Nath Nagar, District- Bhagalpur.
17. Pushpa Devi, W/o Munna Kumar Singh, Resident of village- Godhna Road
    Anaith, P.S- Nawada, District- Bhojpur.
18. Lakshmi Kumari, D/o Chandra Deep Singh, Resident of village and P.S.-
    Mokama, District- Patna.
19. Arbind Kumar, S/o Sheo Shankar Prasad, Resident of village-Kotwa Koeri
    Hata, P.S. Barauli, District- Gopalganj.
20. Manish Kumar, S/o Raibaran Prasad, Resident of village - Milkipar, P.S-
         Patna High Court MJC No.4146 of 2024(3) dt.08-05-2026
                                                     2/3




                 Ekangarsarai, District Nalanda.
           21. Md. Irshad, S/o Md. Abdul Rashid, Resident of village- Jota, P.S- Atri,
               District Gaya.
           22. Uday Singh, S/o Sahadev Prasad, Resident of village- Pater, P.S- Wazirganj,
               District- Gaya.
           23. Chandan Kumar, S/o Late Ramdev Sah, Resident of Marwadi Mohalla, West
               Miyachak, P.S and District- Begusarai.
           24. Subhash Prasad Yadav, S/o Bahadur Prasad Yadav, Resident of village and
               P.O.- Sowan, P.S- Krishnabraham, District- Buxar.
           25. Brajesh Kumar, S/o Ram Naresh Singh, Resident of village- Dhamaul, P.S-
               Kurtha, District- Arwal.

                                                                               ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar through Sri Pratyaya Amrit, the Additional Chief
                 Secretary Home Police Department Government of Bihar, Patna.
           2.    Sri Pratyaya Amrit, the Additional Chief Secretary, Home Police
                 Department, Government of Bihar, Patna.
           3.    Sri Alok Raj, the Director General of Police, Bihar, Patna.
           4.    Sri Jitendra Kumar, the Chairman Central Selection Board of Constable,
                 Bihar, Patna.
           5.    Sri Rakesh Kumar, the Senior Superintendent of Police, Muzaffarpur.

                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s : Mr. Kanishk Kaustubh,Adv.
                                        Mr. Dr. Ranjeet Kumar ,Adv.
                                        Ms. Lakshmi Kumari,Adv.
                                        Mr. Rajnish Prakash, Adv.
                                        Mr. Ankesh Kumar Sinha,Adv.
                 For the State        : Mr. A.C. to Standing Counsel 18
                 For the CSBC         : Mr. Sanjay Pandey,Adv.
                                        Mr. Binod Kumar Mishra,Adv.
                                        Mr. Vivek Anand Amritesh,Adv.

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

3   08-05-2026                  At the outset, the learned counsel for the petitioners

                   submits that in compliance of the order of this Court dated

                   15.02.2024 passed in CWJC No.836 of 2024, disobedience
            Patna High Court MJC No.4146 of 2024(3) dt.08-05-2026
                                                        3/3




                      whereof has been complained of in the present petition, the

                      Director General of Police, Bihar Patna has passed a reasoned

                      and a speaking order, however the petitioners be granted liberty

                      to challenge the same by taking recourse to such other remedies

                      as are otherwise available under the law. Liberty so sought is

                      granted.

                                   2. Accordingly, the present petition stands disposed

                      off.



                                              (Mohit Kumar Shah, J)
kanchan/-

U


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