Rajesh Kumar Malakar @ Rajesh Malakar v. The State of Bihar
CWJC/8006/2026 · 2026-06-22
Anshuman
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19629 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19629 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 8006 of 2026 ======================================================
1. Rajesh Kumar Malakar @ Rajesh Malakar S/o Ganga Malakar, R/o Village - Dumrail, Ward No. 4, P.O. and P.S. - Puraini, District - Madhepura (Pin 852116) (Puraini Anchal).
2. Subhash Kumar Yadav, S/o Rajendra Yadav, R/o Village - Bhadkela, Ward No. 13, P.S. -Patarghat, Post - Mangwar, District - Saharsa (Pin - 852217) (Puraini Block).
3. Pappu Kumar, S/o Yogendra Yadav, R/o Village and Post - Kolhua, Ward No. 12, P.S. Shankarpur, District - Madhepura, (Pin-852128) (Shankarpur Block)
4. Mithilesh Kumar, S/o Anil Mandal, R/o Alamnagar, (Dimabasa area), P.S. and P.O. Alamnagar, District - Madhepura (Pin-852219) (Alamnagar Block).
5. Raja Kumar, S/o Chandradev Mishri, R/o Village - Araipur Purvi, Ward No. 10, P.O. Araipur, P.S. Chausa, District - Madhepura (Pin-853204) (Chausa Block).
6. Anarjeet Kumar Sharma @ Amarjeet Kumar, S/o Kishun Sharma, R/o Laxmipur lalchand, ward No. 2, P.S. and P.O. Bihariganj, District Madhepura, Pin 852101 (Bihariganj Anchal office).
7. Santosh Kumar, S/o Rajendra Yadav @ Rajendra Prasad Yadav, R/o Inarwa, ward No. 7, P.S. and P.O. Ghailardh, District Madhepura, Pin-852124 (Ghailardh Block office). ... ... Petitioner/s Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, General Administration Department, Government of Bihar, Patna.
3. The Director, Labour Resources Department, Government of Bihar, Patna.
4. The Divisional Commissioner, Koshi Division, Saharsa.
5. The District Magistrate cum Collector, Madhepura.
6. The Circle Officer, Puraini, District - Madhepura.
7. The Block Development Officer, Puraini, District Madhepura.
8. The Block Development Officer, Shankarpur, District Madhepura.
9. The Block Development Officer, Alamnagar, District Madhepura.
10. The Block Development Officer, Chausa, District Madhepura.
11. The Circle Officer, Bihariganj, District - Madhepura.
12. The Block Development Officer, Ghailardh, District Madhepura. ... ... Respondent/s ======================================================
Patna High Court CWJC No. 8006 of 2026(2) dt.22-06-2026 2/4 Appearance : For the Petitioner/s : Mr. Rupesh Kumar, Advocate Ms. Laxmi Kumari, Advocate For the State : Mr. Sunil Kumar Mandal, SC-3 Mr. Bipin Kumar, AC to SC-3 ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 22-06-2026 Heard learned counsel for the petitioners and learned counsel for the State.
2. The present writ petition has been filed for the following reliefs:-
“I. For issuance of writ/s,
order/s, direction/s in the nature of Mandamus or any appropriate writ/s,
order/s, direction/s commanding these respondents to regularize Service of these Petitioners, who are presently working/ worked as driver (daily wages worker). II. For issuance of writ/s,
order/s, direction/s in the nature of Mandamus or any appropriate writ/s,
order/s, direction/s commanding these respondents to regularise the service of petitioners, in light of 'Bhola Nath Vs State of Jharkhand & ors. Case' decided on 30.01.2026 reportable in 2026 INSC 99' passed by Hon'ble Apex Court. III. For further directed the Respondents not to disturb/ remove
Patna High Court CWJC No. 8006 of 2026(2) dt.22-06-2026 3/4 these petitioners, who are working, as driver under the respondents- authorities. IV. For further direct these respondents at higher level to make absolute rules for considering these petitioners for regularisation and direct their sub ordinates for immediate follow the same in favour of petitioners as regular employee. V. For further any other relief/reliefs,
order/orders, direction/directions as your lordship may deem fit and proper in the facts and circumstances of this case.”
3. Learned counsel for the State raised preliminary objection and submitted that a prayer for mandamus has been sought. Counsel further submitted that the representation of the petitioner is pending till date before the District Magistrate- cum-Collector, Madhepura (Respondent No. 5).
4. As such, it is hereby directed that the petitioners file a fresh representation within 30 days before the District Magistrate-cum-Collector, Madhepura (Respondent No. 5). Upon receipt of the same, Respondent No. 5 is hereby directed to pass a reasoned and speaking order within 90 days thereafter, not only with regard to the petitioners but also with regard to the
Patna High Court CWJC No. 8006 of 2026(2) dt.22-06-2026 4/4 earlier advertisements published for drivers within the State of Bihar.
5. Accordingly, the present writ petition stands
disposed of.
Aman Kumar/- (Dr. Anshuman, J.) U