MANOJ KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) I have considered the LA.

(2.) THIS I.A. is allowed and the averments made in the LA. are taken as part of the main writ petition.

(3.) PETITIONER is aggrieved of the allocation made by the State Advisory Committee for bifurcation of the Cadre and consequential allocation of the State in terms of Section 72(2) of the Bihar Reorganization Act, 2000. Petitioner has been allocated the State of Bihar. He filed a writ petition before the Delhi High Court, which was disposed of with liberty to the petitioner to approach the State of Bihar or the State of Jharkhand and 8 weeks interim stay was granted. Petitioner preferred Letters Patent Appeal, which was dismissed as withdrawn with a direction for extending the stay for four weeks. Admittedly, four weeks stay has already elapsed as it appears from the order passed by the L.P.A. Bench on 02nd of January, 2006. Petitioner has also referred to Annexure -4, 5 and 6 to this petition contending, therein, that both the States have recommended for reallocation. The Central Government has issued letter dated 15th of September, 2004, providing guidelines for reallocation of the States/after the final allocation order is passed. Petitioners case is required to be considered in terms of the aforesaid guidelines. Apart from challenging the allocation, petitioner has also filed I.A. No. 843 of 2006 seeking a direction for mutual transfer/allocation of the States. One Wakil Singh, is interested to go to the State of Bihar and the petitioner is interested to remain in the State of Jharkhand. 2006 (1) J.L.J.R. 366, wherein a Division Bench of this Court passed the following directions: