IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7788 of 2010 Harendra Pratap Singh, Advocate S/O Sri Brahma Dayal Singh R/O Vill.- Narbirpur, Panchayat- Narbirpur, P.O.- Narhi- Chandi, P.S.- Koelawar, Distt. (Shahabad), Bhojpur (Arrah) And Present Address 2a, Kamla Apartment, Kavi Raman Path, Purbee Boring Road, Patna (Near Ex-Chief Minister, Satyendra Narain Sinha) And Practicing As An Advocate, A Member Of Advocates' Association, Advocates' House, Patna High Court, Patna, Bihar (In Person) Versus 1. The State Of Bihar Through The Principal Secretary Personal And Administrative Reforms Department, Government Of Bihar, Patna (Respondent No.3) 2. The Chief Secretary Government Of Bihar, Old Secretariat, Patna 3. The Principal Secretary Personal And Administrative Reforms Department, Government Of Bihar, Patna 4. The Special Secretary Personal And Administrative Reforms Department, Government Of Bihar, Patna 5. The Deputy Secretary Personal And Administrative Reforms Department, Government Of Bihar, Patna 6. The Principal Secretary Governor Secretariat, Government Of Bihar, Patna 7. The Principal Secretary, Law Department Government Of Bihar, Patna 8. The Principal Secretary Rural Development Department, Government Of Bihar, Patna 9. The Principal Secretary, The Chief Minister Secretariat Government Of Bihar, Patna 10. The Joint Secretary, The Chief Minister Secretariat Government Of Bihar, Patna 11. The Special Secretary, The Chief Minister Secretariat Government Of Bihar, Patna 12. The Principal Secretary The Department Of Cabinet Secretariat, Government Of Bihar, Patna 13. The Upper Secretary The Department Of Cabinet Secretariat, Government Of Bihar, Patna 14. The Joint Secretary The Department Of Cabinet Secretariat, Government Of Bihar, Patna 15. The Principal Secretary The Department Of Finance, Government Of Bihar, Patna 16. The Principal Secretary S.C./S.T. Welfare Department, Government Of Bihar, Patna 17. The Principal Secretary, Department Of Home Government Of Bihar, Patna 18. The Director General Of Police, Bihar, Patna 19. The Commissioner, Patna Division, Patna 20. The Regional Deputy Director, Education Patna Division, Patna 21. The District Magistrate-Cum-Collector Bhojpur (Arrah), Bihar 22. The District Magistrate-Cum-Collector Rohtas (Sasram), Bihar 2 23. The District Magistrate-Cum-Collector Buxar(Buxar), Bihar 24. The District Magistrate-Cum-Collector Kaimur (Bhabhua), Bihar ---------------------- 02. 14.10.2011 Heard Mr. Harendra Pratap Singh, learned counsel appearing on behalf of the petitioner and Mr. Mohan Kumar Singh, Assisting counsel to G.P. 20 for the State. The petitioner is aggrieved by an order dated 22.02.2010 as contained in Annexure-48 and the order dated 25.03.2010 as contained in Annexure-51 issued under the signature of the Deputy Secretary, Personnel and Administrative Reforms Department, Government of Bihar, whereby the request of the petitioner for creation of Shahabad division with Arrah as Headquarters, has been rejected. It so appears that a similar issue was raised by the petitioner in public interest giving rise to C.W.J.C. No. 2820 of 2010 and a Division Bench of this Court upon consideration of the issue was pleased to dismiss the writ petition vide order dated 18.2.2010, in the following terms: “In our considered opinion, such a prayer cannot be dwelled upon and delved into, for the simon pure reason that a mandamus to that extent cannot be issued. Hence, we have no other option but to dismiss the writ petition in limine, which we direct.” Learned counsel submits that the cause of action has arisen to the petitioner by reason of the order(s) which has been passed subsequent to the order of the Division Bench. This Court does not concur with the submissions of 3 learned counsel. Considering the circumstances that the very issue as raised in this writ petition, has already been raised before this Court, deliberated upon by a Division Bench of this Court and has been rejected, any subsequent order would not bring about a cause of action for the petitioner to maintain a fresh writ petition on the selfsame issue. The writ petition is barred by issue estoppel and res judicata and is dismissed accordingly. S.Sb/- (Jyoti Saran, J.)