ADITYA NARAYAN ROY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This writ petition along with large number of other writ petitions were being taken up by the Division Bench of this Court from time to time. It appears that most of the writ petitions for one reason or the other got dismissed for default. One of them, which survives, is this writ petition.

(2.) With consent of the parties, as the pleadings are complete, we have heard the parties at length for final disposal of the writ petition at this stage itself.

(3.) The question involved is a tricky question and depends upon how one perceives the facts. By the time, we have taken up this case, there are four judgments on the issue. There is one judgment of the learned Single Judge of this Court taking a view against the stand of the petitioner being C.W.J.C. No. 1369 of 2013 (Surendra Prasad Mehta Vs. The State of Bihar and others) decided on 22.01.2013 against which we are told L.P.A. No. 511 of 2013 is pending. Then we have yet another judgment of the learned Single Judge of this Court, passed in C.W.J.C. No. 20968 of 2011(Ashok Kumar Ranjan Vs. The State of Bihar and others) and analogous case decided on 17.09.2015, again against the stand of the petitioner herein. Let it be noted that the second case i.e. Ashok Kumar Ranjan has merely followed the Division Bench judgment of the Jharkhand High Court in L.P.A. No. 511 of 2009 (State of Bihar Vs. Ravindra Prasad Singh and others) decided on 22.04.2014 which was decided against the stand of the petitioner herein.