IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12762 of 2009 Amrendra Kumar Singh, Son of late Anand Bihari Singh, Resident of Chitragupta Mandir, Dak Bungalow Road, Siwan, Police Station Siwan, District Siwan, presently practicing as an advocate in Civil Courts, Siwan. ----------- Petitioner Versus 1. The State of Bihar. 2. Law Secretary, Government of Bihar. 3. Sri Ram Nath Thakur, Minister for Law and Company Affairs. 4. District Magistrate, Siwan. 5. Naresh Kumar Singh, Son of late Thakur Singh, Resident of Village Pakari, Police Station Daraunda, District Siwan, presently Incharge Public Prosecutor in the district of Siwan. ---------- Respondents ----------- For the Petitioner :- Mr. Ashutosh Kumar, Adv. Mr. Chandra Mohan Jha, Adv. For the Respondents :- Mr. Vikas Kumar ------------ 3 17.03.2010 The prayer in this Public Interest Litigation is for issuing a writ of certiorari for quashing the letter dated 22.7.2009 contained in Memo No. 2871/J-1 issued by Law Secretary, Government of Bihar, respondent no.2 herein, addressing to the respondent no.4, the District Magistrate, Siwan intimating him that the respondent no.5 has been appointed as Incharge Public Prosecutor until further orders. It is also prayed that the extension granted to the respondent no.5 as Incharge Public Prosecutor violates Section 24 of the Code of Criminal Procedure. 2 On a perusal of the assertions made in the writ petition, we are only inclined to think if the petitioner is aggrieved, he can file a writ of quo warranto challenging the eligibility of the respondent no.5 for his continuance on the post. With the aforesaid observations, this writ petition stands disposed of. Rishi (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)