Patna High Court
Vikas KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
- Bihar Panchayat Raj Act, 2006 — s. 146, 94(2)
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
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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
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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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