Patna High Court - Orders
Mithilesh Kumar Chaudhary vs The State Of Bihar on 7 March, 2024
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2514 of 2024
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1. Mithilesh Kumar Chaudhary son of Kirshna Bahadur Chaudhary, Resident
of Ward No. 9, Maheshpur, Police Station Maheshpur, District-Supaul.
2. Kaushlendra Kumar, Son of Janak Prasad, Resident of Ward No. 6. Near
Block Office, Chakradharpur, Police Station Saksohra, District- Patna.
3. Shushil Kumar, Son of Bindeshwara Prasad Singh, Resident of village
Okrawan, Police Station-Dipnagar, District- Nalanda.
4. Arun Kumar Singh, Son of Jagdish Prasad Singh, Resident of Ward no. 1
Malinagar, Police Station-Chakmehli, District- Samastipur.
5. Awadhesh Kumar, Son of Rajendra Singh, Resident of village Rasulpur,
Turki, Police Station-Bhagwanpur, District- Vaishali.
6. Anirudh Kumar, Son of Hiraman Prasad, Resident of Village Noorsarai,
Bara Khurd, Police Station Noorsarai, District- Nalanda.
7. Mithilesh Kumar Kranti, Son of Hari Nandan Yadav, Resident of Ward no. 1
Naulakhiya, Near CMS College, Police Station Madhepura, District-
Madhepura.
8. Shivlok Kumar Singh, Son of Rama Prasiddh Singh Keshari, Resident of
village Jagdishpur, BharthauliSharif, Police Station-Nabinagar, District-
Aurangabad.
9. Rajesh Kumar Singh, Son of Virendra Singh, Resident of Ward no. 12,
Nawadih, Police Station-Paharpur, District- East Champaran.
10. Amit Kumar, Son of Shyam Jha, Resident of Ward no. 9 Finglash, Police
Station Raghopur, District- Supaul.
11. Shreenidhi Kumar, Son of Shatrudaman Kumar, Resident of Ward no. 30
Parsauni Sadan Shri Krishna Nagar, Police Station Town (Motihari),
District- East Champaran.
12. Waheeduzzama, Son of Abdul Aziz, Resident of Village Chhoti jhitkia,
Mahesh Kunth, Police Station- Maheshkhunt, District- Khagaria.
13. Abhinandan Kumar, Son of Shambhu Prasad, Resident of Ward no. 4, Police
Station Lauriya, District- East Champaran.
14. Gautam Singh, Son of Chokar Singh, Resident of village Medinipur, Police
Station Ghughali, District-Maharajganj, Uttar Pradesh.
15. Amrendra Kumar, Son of Jaymangal Ray, Resident of village Dadiya, Police
Station Kalyanpur, District- Samastipur.
16. Raja Ram Kumar, Son of Late Narayan Kumar, Resident of village Kabela,
Police Station-Parbatta, District- Khagaria.
17. Amrit Kishore Roy, Son of Dina Nath Roy, Resident of village Banda,
Police Station Shivaji Nagar, District- Samastipur.
18. Jay Prakash Mishra, Son of Indra kant Mishra, Resident of village
Kalyanpur, Police Station Bibhutipur, District- Samastipur.
19. Dhirendra Prasad Dhir, Son of Rambaran Gope, Resident of village
Bulakipur, Police Station Dalsinghsarai, District- Samastipur.
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20. Dev Prakash Singh, Son of Virendra Singh, Resident of village Tilak Rai Ke
Hata, Police Station Simri, District- Buxar.
21. Shyam Kishor Mishra, Son of Devendra Mishra, Resident of Ward no. 5
Laxmipur, Police Station-Bhairoganj, District- West Champaran.
22. Dhananjay Kumar, Son of Ramchandra Prasad, Resident of village Gariba
Tola, Police Station Rivilganj, District- Saran.
23. Sanjay Kumar, Son of Late Shyam Kishor Singh, Resident of village
Mahthin Tola, Police Station-Baligeen, District- Bhojpur.
24. Subhash Mishra, Son of Nand kishor Mishra, Resident of village Janki
Nagar, Singhwahini, Police Station Sonbarsha, District- Sitamarhi.
25. Pankaj Kumar, Son of Arun Kumar Singh, Resident of Ward no. 28 Lohia
Nagar, Police Station Begusarai, District- Begusarai.
26. Sudhir Kumar Singh, Son of Meghan Singh, Resident of village Shivpur,
Police Station-Karamchatt, District- Kaimur.
27. Pankaj Kumar Mani, Son Hira Lal Singh, Resident of village Moap Khurd
Bazar Tola, Police Station Imadpur, District- Bhojpur.
28. Munna Kumar Ray, Son of Sarbanand Ray, Resident of Hardas Tola,
Chandi, Police Station-Chandi, District- Bhokpur.
29. Arvind Kumar, Son of Bhushan Ray, Resident of Village Pachabhariya,
Police Station Garkha, District-Saran.
30. Shashi Bhushan Kumar, Son of Madhav Prasad Yadav, Resident of Village
Rahijgatpur, Police Station Bihariganj, District- Madhepura.
31. Surya Prakash Nirala, Son of Binesh Prasad, Resident of village Abdalapur,
Police Station warsaliganj, District- Nawada.
32. Sunil Kumar Mishra, Son of Shyam Sundar Mishra, Resident of village
Ratsahi, Police Station Khajani, District- Gorakhpur, Uttar Pradesh.
33. Kislay Kumar, Son of Kiran Kumar, Resident of village Morwa, Police
Station Musrigharari, District- Samastipur.
34. Pramod Lal Chandra, Son of Ram Lal Pandit, Resident of village Dirapur,
Police Station Parsa Bazar, District- Patna.
35. Sumit Kumar, Son of Radha Krishna Mishra, Resident of Fardogo, Rewa
Road, Police Station Sadar, Distriet- Muzffarpur.
36. Barun kumar, Son of Amrendra Kumar Singh, Resident of Ward no. 10
Ratanpur, Police Station-Majorganj, District- Sitamarhi.
37. Amar Deep Rai, Son of Bhim Shankar Singh, Resident of village Parsa,
Police Station-Shankarpur, District- Madhepura.
38. Chandan Kumar, Son of Satyanarayan Singh, Resident of Ward no. 14
Kamrava, Police Station Dalsinghsarai, District- Samastipur.
39. Ajit Kumar, Son of Suresh jha, Resident of village Murali Basantpur, Police
Station Bangaon, District- Saharsa.
40. Tanwirul Haque, Son of Md. Sayeedul Haque, Resident of Ward no. 4 Moin
Tola, Police Station-Rahika, District- Madhubani.
41. Raj Kumar Singh, Son of Lal Chandan Yadav, Resident of Pandhaur, Police
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Station Riga, District- Sitamarhi.
42. Rakesh Kumar Singh, Son of Rajendra Prasad, Resident of Jamalpur Road,
Navtolia, Police Station Munger, District- Munger.
43. Sunil Kumar Jha, Son of Krishna Kant Jha, Resident of Damra, Police
Station Tarabadi, District-Araria.
44. Subhash Kumar, Son of Musafir Yadav, Resident of Salempur, Police Station
Panapur, District-Saran.
45. Awadhesh kumar Sharma, Son of Siya Ram Sharma, Resident of Durgapur,
Police Station Amarpur, District- Katihar.
46. Ved Prakash, Son of Ram Narayan Prasad Yadav, Residenti of Mahrana,
Police Station Dharhara, District- Munger.
47. Rajeev Kumar Singh, Son of Phuleshwar Prasad Singh, Resident of Ward
no. 9 Parora, Police Station Sahebpur kamal, District- Begusarai.
48. Ashutosh Kumar Saxena, Son of Surendra Prasad Singh, Resident of village
Hade, Police Station-Mohanpur, District- Gaya.
49. Mithilesh Kumar, Son of Rajesh Ray, Resident of Kolharampur, Police
Station Barhara, District-Bhojpur.
50. Pawan Kumar Pankaj, resident of ward no. 23, Near Hospital, Parbati,
Lalbigha, Police Station Katri Sarai, District- Nawada.
51. Sonu Kumar, Son of Shankar Prasada Yadav, Resident of village Temya,
Police Station Parbatta, District-Khagaria.
52. Md. Hasin Ashraf, Resident of village Mobarak Chak, Police Station-
Muffassil, District- Munger.
53. Vikash Kumar Singh Son of Bhupendra Prasad Singh, Resident of Village
Chakmaka, Police Station-Jankinagar, District- Purnia.
54. Ranjan Kumar, Son of Rajesh Nand Kishore Mahto, Resident of village
Tulsigarh, Near Middle School, Police Station Chandi, District- Nalanda.
55. Ramanand Kumar, Son of Vidya Prasad Mehta, Resident of Village
Bhawanipur, Police Station-Suryagarh, District- Lakhisarai.
56. Madan Kumar Singh, Son of Suresh Prasad Singh, Resident of ward no. 8,
Chautham, Police Station Chautham, District- Khagaria.
57. Krishna Kanhaiya, Son of Surendra Prasad Singh, Resident of village Nimi,
Khurd Tola, Police Station Shekhopur Sarai, District- Sheikhpura.
58. Deoraj Vats, Son of Ravindra Prasad Singh, Resident of village Siswan,
Police Station Nawada, District-Nawada.
59. Priya Kumari, Daughter of Arun Kumar Sharma, Resident of Nawada,
Police Station Nawada,District- Nawada.
60. Randhir Bhardwaj, Son of Surendra Nath Rai, Resident of Chatoria, Badri
Narayan Mandir, Police Station Town thana, District- Darbhanga.
61. Nikesh Nayan Nikum, Son of Kaushalendra Singh, Resident of village
Barah, Police Station-Belchhi, District- Patna.
62. Nadim Ashraf, Son of Nasimuddin, Resident of Mobarakchak, Police Station
Muffasil, District-Bhojpur.
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63. Rohit Kumar, Son of Ganesh Singh, Resident of Khamhar, Police Station-
Muffasil, District- Begusarai.
64. Atul Kumar Pandey, Son of Laxmi Narayan Pandey, Resident of Pragati
Nagar, Kolbaj Bahadurpur, Police Station Jahanaganj, District- Azamgarh,
Uttar Pradesh.
65. Subhash Chandra Yadav, Son of Shiv Nath Yaday, Resident of village
Ahirauli, Police Station-Audyogik Thana, District- Buxar.
66. Amit Kumar Pandey, Son of Manik Chand Pandey, Resident of Damodarpur,
Police Station Gadhwar, District- Ballia, Uttar Pradesh.
67. Anil Kumar Mishra, Son of Shiv Shankar Mishra, Resident of Mohanpur,
Police Station Maharajganj, District- Maharajganj.
68. Rajesh Kumar Singh, Son of Jitendra Singh, Resident of Patahuawan, Police
Station Jahanaganj, District- Azamgarh, Uttar Pradesh.
69. Chhabila Prasad Yadav, Son of Nandkishore Yadav, Resident of Nonia, ward
no. 3, Police Station-Paharpur, District- East Champaran.
70. Shambhu saran Yadav, Son of Budhiram Yadav, Resident of Chandrapur,
Malgaha, Police Station-Ramkola, District- Kushinagar, Uttar Pradesh.
71. Akhilesh Kumar Singh, Son of Late Kashi Nath Singh, Resident of village
Kesri, Chhotka Amanv, Police Station Chand, District- Kaimur.
72. Dharmendra Kumar Sharma, Son of Krishna Sharma, Resident of Ward No.
12 Jafra, Bhagwanpur,Police Station Naubatpur, District- Patna.
73. Shree Ramsuman, Son of Jay Narayan Prasad, Resident of Parthu, Police
Station Ekangarsarai,District- Nalanda.
74. Nitish Kumar, Son of Gyanchand Bhagat, Resident of Parbatta Ward No. 13,
Police Station Parbatta, District- Khagaria.
75. Rajesh Kumar, Son of Ramrup Prasad, Resident of Ward No. 6 Rajpur,
Police Station Gwalpara, District- Madhepura.
76. Amar Kumar, Son of Avinash Chandra Yadav, Resident of Chausa, Police
Station Chausa,District- Madhepura.
77. Abhinaba Deb, Son of Binimay Kumar Deb, Resident of village Porla,
Police Station Aajamnagar Barsoi, District- Katihar.
78. Satyendra Prasad Singh, Son of Shankar Prasad Singh, Resident of village
Dholi, Police Station Sakra, District- Muzaffarpur.
79. Hareram Yadav, Son of Ramavtar Yadav, Resident of Basha ward No. 9,
Police Station Bahubarahi, District- Madhubani.
80. Shashi Bhushan yadav, Son of Bhola Nath Yadav, Resident of Maharaj ke
Tola, Khawashpur, Police Station Krishnagarh, District- Bhojpur.
81. Arun Kumar, Son of Lal Bahadur singh, Resident of Road No. 2, Bagbera
Colony, Tatanagar, Police Station Bagbera, District- Jamshedpur, Jharkhand.
82. Hari Bhushan Kumar, Son of Satya Narayan kumar, Resident of 30G, 7th
Phase Adarshnagar, Sonari, Police Station Sonari, District- Jamshedpur,
Jharkhand.
83. Kundan, Son of Surendra Prasad Singh, Resident of Gita Nivas, Sharda
Public School, Police Station Hasua, District- Nawada.
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84. Chandra Shekhar Kumar, Son of Bhikhari Mahto, Resident of Birtatola,
Mushariya, Police Station Sonbarsha, District- Sitamarhi.
85. Umesh Prasad Singh, Son of Bhagwat Singh, Resident of House No. 43
Bishunpur, Police Station Jandaha, District- Vaishali.
86. Sanjiv Kumar, Son of Binay Kumar Singh, Resident of village Rasalpur,
Police Station Buniyadganj, District- Gaya.
87. Pranav Anand, Son of Ram pravesh Ray, Resident of Guljarpur, Police
Station Sahar, District- Bhojpur.
88. Pawan Kumar, Son of Late Mangal Prasad, Resident of ward No. 14 Mitra
Lok Colony, Police Station-Pandeypatti, District- Buxar.
89. Binod Kumar Yadav, Son of Indra Narayan Yadav, Resident of Shivram,
Police Station Bahera, District- Darbhanga.
90. Manoj Kumar, Son of Late Ramdeo Mahto, Resident of Surujpur, Ujiyarpur,
Police Station Ujiarpur, District- Samastipur.
91. Navin Kumar, Son of Jai Narayan Mahto, Resident of Ward no. 5,
Basudebpur, Police Station Kalyanpur, District- Samastipur.
92. Gautam Kumar, Son of Vinay Kumar Jha, Resident of Kathora, Police
Station Manigachhi, District- Darbhanga.
93. Sumit Kumar Singh, Son of Ram Babu Singh, Resident of Banauli, Police
Station Simri, District Darbhanga.
94. Prem Kumar Rai, Son of Ram Prasad Rai, Resident of village Koindi
Bujurg, Police Station Tamkuhi,District- Kushinagar, Uttar Pradesh.
95. Satish Kumar Rai, Son of Anand Rai, Resident of Khudura, Police Station
Taray Sujan, District Kushinagar, Uttar Pradesh.
96. Ashwini Pandey, Son of Ram Narayan Pandey, Resident of village
Tikuliyan, Police Station-Govindganj, District- east Champaran.
97. Purushottam Singh, Son of Bindeshwari Singh, Resident of village
Hemanbigha, PoliceStation Obra, District- Aurangabad.
98. Satyendra Kumar Chaubey, Son of Ramjee Chaubey, resident of Village
Sotwa, Police Station-Kudhni, District-Kaimur.
99. Mahendra Ram Pal, son of Ganga Ram Pal, resident of Village Rampur,
Police Station-Rajpur, District-Kaimur.
100 Sanjeev Kumar, son of Raj Kumar Sah, resident of Village Maniyarpur,
. Police Station-Varishnagar, District-Samastipur.
101 Vikash Kumar Ray, son of Ram Dayal Ray, resident of ward No. 5, Village
. Maniyarpur, Police Station-Warishnagar, District-Samastipur.
102 Arun Prakash, son of Laxman Prasad, resident of Village Barhi, Police
. Station Jainagar, District Madhubani.
103 Shyambabu Kumar, son of Rajendra Prasad, resident of Mushhariya, Police
. Station Sonbarsha, District-Sitamarhi.
104 Bikash Babhaw, son of Laxmi Singh, Resident of Nandnama, Police Station
. Ramgarh Chowk, District-Lakhisarai.
105 Navin Kumar, son of Jay Nandan Sharma, Resident of Village Nimsar,
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. Police Station Alipur, District-Gaya.
106 Rajnikant, son of Anuj Kumar, Resident of Village Bhura, Police Station
. Wajirganj, District-Gaya.
107 Kumar Ranjan Sinha, son of Ramanek Prasad, Resident of Sahilaballi,
. Police Station Aurai, District-Muzaffarpur.
108 Binod Kumar, son of Ram Briksh Sah, Resident of South Patel Nagar, Ward
. No. 6, Islampur, Police Station Islampur, District-Nalanda.
109 Ram Sudhar Ray, son of Domi Ray, Resident of Parshurampur, Police
. Station Parsauni, District Sitamarhi.
110 Sheo Kumar, son of Laxman Singh, Resident of Dalipur, Police Station-
. Dhangai, District-Bhojpur.
111. Munna Kumar Singh, son of Baliram Singh, Resident of Kahen, Police
Station Jagdishpur, District-Bhojpur.
112 Rajesh Lal Karn, son of Satya Narayan Lal Karn, Resident of Karhi, Police
. Station Arer (Hatt), Benipatti, District-Madhubani.
113 Ram Bihar Singh, son of Yogehswar Prasad Singh, Resident of Rajjupur,
. Katra, Police Station Bheldi, District-Saran.
114 Pradeep Kumar Bharti, son of Jagdish Bharti, Resident of Devkuli
. Dharampur, Police Station Piprahi, District-Sheohar.
115 Mukesh Kumar Singh, son of Late Sahdeo Prasad Singh, Resident of Maithi,
. Police Station Gayghat, District-Muzaffarpur.
116 Vijay Kumar Singh, Son of Late Lal Bahadur Singh, Resident of village
. Chiraiya, Police Station-Purnahiya, District- Sheohar.
117 Vishnu Shankar, Son of Vinod Kumar Singh, Resident of village Nuaon,
. Police Station-Nuaon, District- Kaimur.
118 Harendra Kumar Tiwari, Son of Shankar Dayal Tiwari, Resident of village
. Lilari, Police Station Nokha, District- Rohtas.
119 Ramjeet Yadav, Son of Jharkhandey Yadav, Resident of Awasthichak, Police
. Station Chiraiyakor, District- Mau, Uttar Pradesh.
120 Ranjeet Kumar Ray, Son of Mithilesh Ray, Resident of village Mukundpur,
. Police Station-Patory, District- Samastipur.
121 Sanjay Singh, Son of Ram Pyare, Resident of Fesura, Police Station Saiyad
. Raja, District- Chandauli, Uttar Pradesh.
122 Arvind Kumar Yaday, Son of Subhash Yadav, Resident of village Singhawe,
. Police Station Ramkola, District- Kushinagar, Uttar Pradesh.
123 Tushar Kant, Son of Sri Ram Nivash Upadhyay, Resident of village Amaora,
. Police Station Dildarnagar, District- Gajipur, Uttar Pradesh.
124 Rajeev Nayan Son of Sri Nawala Prasad Singh, Resident of village
. Malikpur, Police Station-Nemdarganj, District-Nawada.
125 Khushboo Kumari, Daughter of Sri Ramnandan Singh, Resident of Adarsh
. press main road, Warisaliganj Police Station Warisaliganj, District-Nawada.
126 Nalini Gautam, Daughter of Sri Upendra Prasad, Resident of New area
. Yamuna path, behinda Town Thana Police Station-Nawada, district-Nawada.
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127 Nishant Kumar Singh, Son of Vikraaditya Singh, Resident of MM-7, Ashok
. Vihar, Police Station-Pahariya, District- Varanasi, Uttar Pradesh.
128 Suraj Kumar, Son of Baban Pandey, Resident of village Mathurapur, Police
. Station Mali, District-Aurangabad.
129 Anish Kumar, Son of Ram Sankar Poddar, Resident of Kalarampur, Rampur
. Kalan, Police Station-Muffasil, District- Munger.
130 Vikram Kumar, Son of Sunil Kumar Singh, Resident of village Khamhar,
. Police Station Muffasil, District- Begusarai.
131 Randhir Kumar, Son of Mohan Prasad Sinha, Resident of Ward No. 37,
. Chitragupta Nagar, Police Station Town, District- Begusarai.
132 Rajnish Kumar, son of Girijesh Kumar, resident of village Garoor, Police
. Station Kespa, District-Gaya.
133 Karunesh Bharti, son of Pramod Kumar Pathak, Resident of Village Guraru,
. Police Station Guraru, District-Gaya.
134 Shailesh Kumar, Son of Ram Balak Ray, Resident of village Sikandarpur,
. Police Station Muffasil, District- Begusarai.
135 Santosh Kumar Singh, Son of Ram Roop Singh, Resident of village Gotapa,
. Police Station Vikramganj, District- Rohtas.
136 Santosh Kumar Jha, Son of Bhupal Jha, Resident of East of Raj Tank,
. Lakhamipur, Police Station-Laheriasarai, District- Darbhanga.
137 Manish Kumar, Son of Pramod Jha, Resident of village Bardaha, Amari,
. Police Station Khodavandpur, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Chief Secretary, State of Bihar, Patna.
3. The Principal Secretary, General Administrative Department, Government of
Bihar, Patna.
4. The Principal Secretary, Finance Department, Government of Bihar, Patna.
5. The Principal Secretary, Department of Agriculture, Government of Bihar,
Patna.
6. The Director Horticulture, Directorate of Horticulture, Government of Bihar,
Patna.
7. The Deputy Director, Horticulture (Administration and Evaluation)
Directorate of Horticulture, Government of Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajnish Shandilya, Advocate
For the Respondent/s : Mr.Pramendra Kr. Singh, AC to GA-10
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
Patna High Court CWJC No.2514 of 2024(2) dt.07-03-2024
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ORAL ORDER
2 07-03-20241. The present writ petition has been filed seeking the following relief(s):-
"1(i) To direct the respondents as to regularize the services of the petitioners on Block Horticulture Officer as they have requisite qualification prescribed under the Bihar Horticulture Subordinate Service (Agriculture Subordinate Group-7), Block Horticulture Recruitment Promotion and other services Condition Rules 2024, and having been appointed after advertisement of the vacancies and through the process of selection against the sanctioned post of Block Horticulture Officer, thereupon, joined and working since 11.03.2019 (Vide Annexure P/2), except for six petitioners who joined the services on 14.06.2019 (Vide Annexure P/3).
(ii) To direct the respondents to allow the petitioners to continue on the same post till the age of super annuation until the respondents decide to regularize the services of the petitioners on the post of Block Horticulture Officer, as requisition has been sent by the department to BPSC, Patna for regular recruitment of 318 posts only as against the total 534 posts of Block Horticulture Officer."
2. At the outset, the learned counsel for the petitioners Patna High Court CWJC No.2514 of 2024(2) dt.07-03-2024 9/9 seeks to approach the respondent no.5 i.e. the Principal Secretary, Department of Agriculture, Government of Bihar, Patna for redressal of their aforesaid grievances. Liberty so sought is granted.
3. It is needless to state that in case appropriate petition is filed, by the petitioner, before the the Principal Secretary, Department of Agriculture, Government of Bihar, Patna, within a period of two weeks from today, the same shall be considered, in accordance with law and a reasoned and a speaking order shall be passed, thereon, within a period of six weeks, thereafter.
4. The present writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) Saurav/-
U