IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.850 of 2006 RABINDRA NATH TIWARY, son of late Paras Nath, resident of village – Chandwa, Police station – Nawada, Post Office – Chandwa, District – Bhojpur. Versus 1. THE STATE OF BIHAR. 2. The Director General of Police, Bihar (Patna). 3. The Inspector General of Police Special Branch, Bihar (Patna). 4. The Deputy Inspector General of Police (Karmik), Bihar, Patna. 5. The Superintendent of Police (B), Special Branch, Bihar, Patna. 6. Abhay Raj Tiwary, Sub Inspector, Dhaka Police Station, Motihari (E. Champaran). 7. Mathura Pd. Yadav, Sub Inspector, Special Branch, Patna. ----------- 02. 30.06.2010 The only reason why the Court is not inclined to entertain the writ application in its present form is because there is no pleading to show that any demand was made upon the respondents to reconsider non-inclusion of the petitioner in the promotion list since juniors to the petitioner have already been granted promotion. Since there is no demand, there is no failure to perform a public duty and no mandamus can be issued. Let the petitioner first make a demand in this regard. The writ application is dismissed. rkp ( Ajay Kumar Tripathi, J )