IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.710 of 2007 SANJAY PASWAN S/o Manoj Paswan Resident of village Bidanchak, PS Amanpur District Banka Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Banka 3. The Sub divisional Officer, Banka 4. The Circle Officer Amanpur, Dist Banka 5. The Superintendent of Police, Banka 6. The Deputy Superintendent of Police, Amanpur District, Banka 7. The Circle Inspector of Police, Amanpur, Banka 8. The Officer Incharge, Amanpur PS Distt. Banka 9. Mahendra Yadav S/o Budhan Yadav R/O village Bidanchak, PS Amanpur PS District Banka ----------- 11 28-01-2009 Heard learned counsel for the appellant, learned counsel for the State and learned counsel for private respondent no9. By the judgement under appeal the writ court found that appellant’s appointment was contrary to provisions of Section 35 of the Bihar Village Chaukidari Act, 1870, and he could not have been appointed on the post of Chaukidar under that Act in absence of recommendation of the local Panchayat as defined under that Act. The case of the writ petitioner who had such recommendation was referred to the concerned District Magistrate, Banka for consideration in terms of the Statute and the Rules noticed in the judgement. Pursuant to the directions of the writ court the writ petitioner, who is respondent no.9 in this appeal, has been appointed and is functioning as village Chaukidar. The claim of the appellant is based only upon recommendation of his maternal grandfather who retired as village Chaukidar of the concerned village in the year 1989. After his retirement another person worked as village Chaukidar till the year - 2 - 1994. A recommendation was made in favour of the appellant by his maternal grandfather in the year 1996. On a proper consideration of the provisions of Bihar Village Chaukidari Act, 1870, particularly, Section 35 and the Rules in the Bihar Village Chaukidari Manual, the writ court has rightly held that claim of the appellant cannot be considered in view of provisions u/s 35 of the Act. We find no merit in this appeal. It is, accordingly, dismissed. BKS/ (Shiva Kirti Singh,J.) (J. N. Singh, J.)