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Patna High Court

Manju DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The writ petition is not maintainable and is dismissed.

Summary

Manju Devi, appointed as Vikas Mitra, challenged the termination of her appointment by the District Welfare Officer through a writ petition. The State argued that she had already approached the court in a prior writ (CWJC No. 9713 of 2025) which was dismissed, and subsequently filed a Legal Practitioners' Application (LPA No. 940 of 2025) that is pending before a Division Bench. The High Court held that, given the earlier dismissal and the pending LPA, the present writ petition was not maintainable. Consequently, the court dismissed the petition, directing the petitioner to raise any further grievances before the LPA bench. The order underscores the principle that a litigant cannot simultaneously pursue multiple remedies on the same issue.

Issues considered

  • Whether the writ petition is maintainable when the petitioner has an earlier dismissed writ petition on the same matter
  • Whether the pendency of a Legal Practitioners' Application bars the filing of a fresh writ petition

Subjects

  • writ jurisdiction
  • maintainability
  • termination of appointment
  • Vikas Mitra
  • administrative law
  • pending LPA

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.1217 of 2026
     ======================================================
     Manju Devi W/o Rajeshwar Ram, R/o-Village-Khaisa, ward No.-3,
     Panchayat-Khaisa Jamalpur, Block-Kiratpur, P.S.-Jamalpur, District-
     Darbhanga.

                                                        ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through the Principle Secretary, Social Welfare
     Department, Govt. of Bihar, Patna.
2.   The District Magistrate, Darbhanga.
3.   The Deputy Director, Welfare, Darbhanga Division, Darbhanga.
4.   The Sub-Divisional Officer, Biraul, District-Darbhanga.
5.   The District Welfare Officer, Darbhanga.
6.   The Block Welfare Officer, Block-Kiratpur, District-Darbhanga.
7.   The Block Welfare Officer (Head Office), Darbhanga.
8.   The Branch Manager, Punjab National Bank, Marwari Collage Branch,
     District-Darbhanga.
9.   The Mission Director, Bihar Mahadalit Vikas Mission, IInd Floor, Block-3
     Secretariat, Bihar, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr.Shrinath Manjhi, Advocate
     For the State          :     Mr.Arvind Ujjwal, SC-4
     For the PNB            :     Mr. Suryakant Kumar, Advocate
                                  Mrs. Ruchi Mandal, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                         ORAL JUDGMENT
      Date : 03-02-2026
                Heard learned counsel for the petitioner, learned

      counsel for the State and learned counsel for the Punjab

      National Bank.

                    2. The present writ petition has been filed for setting

      aside the order dated 12.07.2018, contained in Memo No. 1141,

      whereby the appointment of the petitioner as Vikas Mitra has

      been terminated by respondent no. 5, namely, the District
             Patna High Court CWJC No.1217 of 2026 dt.03-02-2026
                                                        2/2




                      Welfare Officer, Darbhanga.

                                  3. Learned counsel for the State has raised a

                      preliminary objection and submits that the petitioner had earlier

                      approached this Hon’ble Court in CWJC No. 9713 of 2025,

                      which was dismissed vide order dated 26.06.2025. Thereafter,

                      the petitioner preferred LPA No. 940 of 2025, which is presently

                      pending before the Hon’ble Division Bench. In view of the

                      aforesaid, it is submitted that the present writ petition is not

                      maintainable.

                                  4. In the facts and circumstances of the case, this

                      Court is not inclined to entertain the present writ petition.

                      Accordingly, the same is dismissed.

                                  5. If the petitioner has any grievance during the

                      pendency of the aforesaid LPA, he shall raise the same before

                      the LPA Bench only.


                                                  (Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE                NA
Uploading Date          04/02/2026
Transmission Date       NA


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