IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1549 of 2011 In Civil Writ Jurisdiction Case No. 2091 of 2011 With Interlocutory Application No. 7342 of 2011 In Letters Patent Appeal No.1549 of 2011 ====================================================== Upendra Kumar, Son of Sri Nand Kishore Sharma, Resident of Village Ubhai, P.S. Paraiya, District-Gaya. .... .... Petitioner/Appellant Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Director General and Inspector General of Police, Bihar, Patna. 3. The Deputy Inspector General of Police (Administrator), Bihar, Patna. 4. The Deputy Inspector General of Police, Magadh Range, Gaya. 5. The Superintendent of Police, Nawada. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. Sanjay Kumar, Advocate For the Respondents : Mr. Alok Ranjan, A.C. to GP-17 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 21-10-2011 Interlocutory Application No. 7342 of 2011: Delay of 16 days occurred in filing the Letters Patent Appeal is condoned. Patna High Court LPA No.1549 of 2011 (2) dt.21-10-2011 2 / 3 2 Interlocutory Application stands disposed of. Letters Patent Appeal No.1549 of 2011: This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the order dated 12th July 2011 made by the learned single Judge in above C.W.J.C. No. 2091 of 2011. Pursuant to the advertisement no.1 of 1998, the appellant had applied for appointment as a Constable under the Bihar State Police Service. The appellant having failed in selection process approached this Court under Article 226 of the Constitution in C.W.J.C. No. 14740 of 2001. The said and the other writ petitions came to be disposed of on 23rd March 2007 on the writ petitioners’ agreeing to make representation in the subject matter and the respondents agreeing to decide such representation. The representation made by the appellant came to be rejected on 18th July 2007. Feeling aggrieved, the appellant filed above C.W.J.C. No. 2091 of 2011 under Article 226 of the Constitution. The learned single Judge has dismissed the writ petition. Therefore, the present Appeal. Learned advocate Mr. Sanjay Kumar has appeared for the appellant. He has strenuously urged that this Court has, as late as on 23rd December 2009, allowed C.W.J.C. No.1247 of 2008 filed by one Ramashray Sharma and has directed the respondents to consider the case of the said petitioner in accordance with law in light of their own enquiry report for re-measurement of the height of the said writ petitioner. A similar relief is required to be granted to the appellant. We are unable to agree with Mr. Sanjay Kumar. It may be noted that though the earlier petition was disposed of on Patna High Court LPA No.1549 of 2011 (2) dt.21-10-2011 3 / 3 3 the petitioner’s agreeing to make representation and the respondents agreeing to decide such representation, no liberty was reserved to the appellant to file a fresh petition in case the representation were rejected. Besides, the representation was decided as early as on 18th July 2007. Nevertheless, the same was not challenged for nearly four years. The challenge is barred by unexplained delay, laches and acquiescence. In our opinion, the learned single Judge has rightly dismissed the writ petition. No case for interference is made out. Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)