Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
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
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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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