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Patna High Court

Vikas KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed because the petitioner failed to exhaust the statutory remedy of filing a complaint with the Sub‑Divisional Magistrate within the prescribed period.

Summary

The petitioner, Vikas Kumar, filed a writ petition seeking his appointment as Nyay Mitra in a Gram Katchahry in Muzaffarpur, Bihar, alleging that his representations to the authorities were ignored. The State contended that the matter is governed by the Bihar Gram Katchahry Nyaya Mitra (Employment, Service Conditions and Duties) Rules, 2007, framed under Section 146 read with Section 94(2) of the Bihar Panchayat Raj Act, 2006. The Court examined the Rules and found that any grievance regarding the appointment of a Nyay Mitra on a contractual basis must first be presented to the Sub‑Divisional Magistrate within 30 days, with a further appeal to the Divisional Commissioner. The petitioner had not availed this statutory remedy. Consequently, the Court dismissed the writ petition and directed the petitioner to file a complaint before the Sub‑Divisional Magistrate within 30 days, after which the Magistrate must issue a reasoned order within another 30 days.

Issues considered

  • Whether the petitioner can approach the High Court directly for appointment as Nyay Mitra without exhausting the statutory remedy under the Bihar Gram Katchahry Nyaya Mitra Rules, 2007.
  • Whether the grievance is governed by Section 146 and Section 94(2) of the Bihar Panchayat Raj Act, 2006.
  • Whether the petitioner’s failure to approach the Sub‑Divisional Magistrate within the prescribed period bars the writ petition.

Legislation cited

Subjects

  • Nyay Mitra
  • Gram Katchahry
  • Panchayat Raj
  • Statutory remedy
  • Writ petition
  • Administrative law
  • Bihar

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.1198 of 2026
     ======================================================
     Vikas Kumar Son of Shri Raghuvir Lal Ram, Resident of Village- Rampur
     Bhikhanpura, P.O.- Basantpur, P.S- Sahebganj, District- Muzaffarpur.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Principal Secretary, Department of Panchayat Raj, Government of
     Bihar, Patna.
3.   The Director, Panchayat Raj Department, Government of Bihar, Patna.
4.   The District Magistrate, Muzaffarpur.
5.   The District Panchayat Raj Officer, Muzaffarpur.
6.   The Block Panchayat Raj Officer, Block- Marwan, District- Muzaffarpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Girish Chandra Jha, Advocate
     For the Respondent/s   :      Mr.Mukund Mohan Jha, AC to GP-27
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                         ORAL JUDGMENT
      Date : 03-02-2026
                Heard learned counsel for the petitioner and learned

      counsel for the State.

                   2.The petitioner has filed the present writ petition

      seeking a direction upon the respondents to appoint him as Nyay

      Mitra in the Gram Katchahry, Shubhankarpur, Block–Marwan,

      District–Muzaffarpur. In the alternative, a direction has been

      sought to appoint/adjust the petitioner as Nyay Mitra in any

      other Gram Katchahry within Block–Marwan, District–

      Muzaffarpur.

                   3. Learned counsel for the petitioner submits that for

      redressal of his grievance, the petitioner has submitted
Patna High Court CWJC No.1198 of 2026 dt.03-02-2026
                                           2/3




         representations before the concerned authorities, but no action

         has been taken thereon.

                      4. Learned counsel for the State has raised a

         preliminary objection and submits that the grievance of the

         petitioner is governed by the Bihar Gram Katchahry Nyaya

         Mitra (Employment, Service Conditions and Duties) Rules,

         2007, framed in exercise of powers conferred under Section 146

         read with Section 94(2) of the Bihar Panchayat Raj Act, 2006

         (Bihar Act 6 of 2006).

                      5. After hearing the parties and upon perusal of the

         Rule, it transpires to this Court that any complaint regarding

         engagement of a Nyay Mitra in the Gram Katchahry on

         contractual basis is required to be entertained by the concerned

         Sub-Divisional Magistrate within a period of 30 days from the

         date of such engagement, and upon refusal, an appeal lies before

         the concerned Divisional Commissioner within a further period

         of 30 days. In the present case, the petitioner has not availed the

         said statutory remedy by approaching the Sub-Divisional

         Magistrate within the prescribed period.

                      6. Accordingly, the writ petition is disposed of

         granting liberty to the petitioner to avail the alternative remedy

         by filing a complaint before the concerned Sub-Divisional
             Patna High Court CWJC No.1198 of 2026 dt.03-02-2026
                                                        3/3




                      Magistrate within a period of 30 days from today. Upon

                      issuance of notice and affording opportunity of hearing to all

                      concerned, the Sub-Divisional Magistrate shall pass a reasoned

                      order considering the merits and demerits of the case within a

                      further period of 30 days. The said period of 30 days shall be

                      counted from the date of appearance of all concerned parties.

                                   7. With the aforesaid observations and directions, the

                      present writ petition stands disposed of.


                                                  (Dr. Anshuman, J)

Ashwini/-
AFR/NAFR
CAV DATE                NA
Uploading Date          05/02/2026
Transmission Date       NA


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