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2024 DAILYLAW 2399 (PAT)

Mahesh Kumar Shah v. The State of Bihar

CWJC/9869/2024 · 2026-08-13

Anshuman

body2024

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9869 of 2024 ====================================================== Mahesh Kumar Shah, Son of Late Moti Sah, Resident of Mirchaibari, Near Kali Asthan, Post Office- Katihar, Police Station- Katihar, District- Katihar (Bihar), Pin Code- 854105. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2. The Director, Department of Revenue and Land Reforms, Government of Bihar, Patna. 3. The Divisional Commissioner, Purnea Division, Purnea. 4. The District Collector, Katihar, District- Katihar. 5. The Additional Collector, Katihar, District- Katihar. 6. The District Land Acquisition Officer, Katihar. 7. The Sub Divisional Officer, Katihar. 8. The Deputy Collector Land Reforms, Katihar, District- Katihar. 9. The Anchal Adhikari, Anchal Katihar, District- Katihar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Jibendra Mishra, Advocate For the State : Mr. Rakesh Ranjan, AC to GP-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 13-08-2026 Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner has filed the present writ petition with the following reliefs:- “I. For directing the Respondent Authorities to regularise the services of the petitioner, who has been working on the post of Amin in the Office of District Land Acquisition Officer, Katihar Patna High Court CWJC No.9869 of 2024(2) dt.13-08-2026 2/3 Respondent No. 6 since the Year 2011. II. For directing the Respondent Authorities to make payment of Salary to the petitioner in the Regular Pay Scale of Amin since the date of his regularisation. III. For directing the Respondent Authorities not to remove the petitioner from the said Post of Amin in the Office of District Land Acquisition Officer, Katihar, Respondent No. 6 and also to restrain the Respondents from taking any steps for stopping to take work from the petitioner. IV. For any other relief or reliefs for which the petitioner may be found entitled in the facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that the petitioner has filed representation dated 04.05.2024 before the District Collector, Katihar (annexed as Annexure-P/20) and he seeks relief in the light of guidelines issued by the Government vide Annexure-P/19 i.e. Memo no. 160(4) dated 29.04.2024. 4. Learned counsel for the State submits that the petitioner has demanded the relief of regularization, further for direction to make payment of his salary in regular pay scale Patna High Court CWJC No.9869 of 2024(2) dt.13-08-2026 3/3 since the date of his regularization and subsequently, not to remove him from the post of Amin with other reliefs for which petitioner is entitled for. He submits that by virtue of Annexure- P/19, neither the petitioner can be regularized nor direction for payment of salary in regular pay scale can be made, as the post of Amin has been filled up by virtue of separate advertisement in which some persons joined and some persons not joined. 5. This Court upon perusal of Annexure-P/19 is of the view that the demand for regularization and direction for payment of salary in regular pay scale cannot be made to the petitioner. 6. As such, the present writ petition stands dismissed. Anjali/Divyansh/- (Dr. Anshuman, J) U