Patna High Court
The State Of Bihar & Ors vs Krishna Kumar Sinha & Anr on 22 July, 2010
Author: Shiva Kirti Singh
Bench: Shiva Kirti Singh, Birendra Prasad Verma
LETTERS PATIENT APPEAL No.925 OF 2006
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Appeal against the judgment and order dated 15.11.2006
Passed by a Bench of this court in C.W.J.C. NO. 10903 OF 2006.
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1. THE STATE OF BIHAR
2. THE SECRETARY-CUM- COMMISSIONER, DEPARTMENT
OF REVENUE AN D LAND REFORMS,GOVT. OF
BIHAR,PATNA
3. K.C. SAHA, SECRETARY-CUM- COMMISSIONER,
DEPARTMENT OF LAND REFORMS AND REVENUE,
GOVERNMENT OF BIHAR, PATNA.
4. THE UNDER SECRETARY, DEPARTMENT OF REVENUE
AND LAND REFORMS, GOVERNMENT OF BIHAR, PATNA
........... RESPONDENTS/APPELLANTS
Versus
1. KRISHNA KUMAR SINHA SON OF SRI JAMUNA PRASAD,
RESIDENT OF VILLAGE- BADHIYA, P.S. SARMERA, DISTRICT-
NALANDA, AT PRESENT SHANKAR NIKETAN, NEW
PUNAICHAK, PATNA, DISTRICT- PATNA, PRESENTLY POSTED
AS CIRCLE OFFICER, PATNA SADAR, PATNA.. RESPONDENT
IST SET
2. BAIJUDDIN ANSARI, SON OF NOT KNOWN THROUGH THE
UNDER SECRETARY, DEPARTMENT OF REVENUE AND LAND
REFORMS, GOVT. OF BIHAR.... RESPONDENT 2ND SET.
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L.P.A. NO. 868 OF 2006
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WAZAINUDDIN ANSARI SON OF NASIMUDDIN ANSARI,
RESIDENT OF MUHALLA ZAKRI SHAHEAD , P.O. AND P.S.
SASARAM, DISTRICT- ROHTAS AT PRESENT POSTED AS
CIRCLE OFFICER, PATNA SADAR, PATNA ... APPELLANT
VERSUS
1. KRISHNA KUMAR SINHA, SON OF SRI JAMUNA PRASAD,
RESIDENT OF VILLAGE BADHIYA, P.S. SARMERA, DISTRICT-
NALANDA, PRESENT AT SHANKAR NIKETAN NEW
PUNAICHAK, DISTT. PATNA... PETITIONER IST. PARTY
2. THE STATE OF BIHAR
3. THE SECRETARY CUM- COMMISSIONER, DEPARTMENT OF
REVENUE AND LAND REFORMS, GOVT. OF BIHAR, PATNA.
4. SRI K.C. SAHA SECRETARY CUM COMMISSIONER,
DEPARTMENT OF REVENUE AND LAND REFORMS,
GOVERNMENT OF BIHAR, PATNA.
5. THE UNDER SECRETARY, DEPARTMENT OF REVENUE
AND LAND REFORMS, GOVERNMENT OF BIHAR,
PATNA.......................................RESPONDENT-IST. SET.
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THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH
THE HON'BLE MR. JUSTICE BIRENDRA PRASAD VERMA
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Shiva Kirti Singh Heard learned counsel for the State and its officials who are
&
B.P. Verma,JJ appellants in L.P.A. No. 925 of 2006. Nobody appears on behalf of the
writ petitioner, respondent no.1 or on behalf of respondent no.2 who is
the appellant in other appeal and who was transferred and posted in
place of respondent no.1 on the post of Circle Officer, Patna Sadar.
2. The writ petitioner had challenged notification dated 1-9-2006
whereby respondent no.2 of this appeal was posted in his place as
Circle Officer, Patna Sadar and writ petitioner was transferred as such
to Dumraon, Buxar
3. It was pleaded on behalf of the writ petitioner that the transfer
was not in administrative exigency but to any how accommodate
respondent no.2 at Patna. The writ court appears to have interfered on
the ground that the authorities of the State Government could not
disclose special reason behind such individual transfer which was not a
part of any chain transfer.
4. Learned counsel for the State has submitted that the writ
court should not have looked into any special reason when it was clear
that there was a requirement to post respondent no.5 of the writ petition
and the writ petitioner was also due for posting. If there was need to
post the writ petitioner at a place different from Patna where he had
completed his tenure, he could not have raised any grievance of the
nature as to why a particular person had been posted at Patna. He
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further submitted that no mala fide was alleged against any of the
authorities nor the same has been found true and hence no interference
should have been made by the court.
5. Nobody appears on behalf of the respondents to oppose this
appeal. The reason appears to be an order of stay of the order under
appeal granted by this Court on 12-4-2007. At that time it had been
noticed that respondent no.5 of the writ petition had already joined the
post at Patna. That appears to be the reason why the private respondents,
both being employees of the State of Bihar, have lost their interest in
the appeal.
6. Since there is no opposition to this appeal, it is allowed and
the order under appeal is set aside. There shall be no order as to costs.
L.P.A. No. 868 of 2006
7. This appeal is also directed against the same Judgment and
Order passed in C.W.J.C. No. 10903 of 2006 which has been set aside
in L.P.A. No. 925 of 2006 preferred by the State of Bihar and others .
In that view of the matter this appeal has to be dismissed . Since
nobody has appeared on behalf of appellants or the private respondent
and only learned counsel for the State has appeared, it is dismissed for
non-prosecution.
( Shiva Kirti Singh, J.)
( B.P. V erma, J)
Patna High Court Patna.
Dated the 22nd July, 2010
NAFR Naresh 4