Patna High Court

Asha Kumari @ Asha DeviversusThe State Of Bihar and Ors

Decided: 5 January 2026
Disposal: DISMISSED
Bench: ALOK KUMAR SINHA

Holding

Writ petitions are not maintainable in matters relating to Tola Sewak.

Summary

The petitioner, Asha Kumari, filed a writ petition challenging actions of the State of Bihar and its officials concerning the position of Tola Sewak. The High Court noted that prior judgments—specifically the order dated 01.03.2021 in LPA No. 630 of 2019 and the order dated 02.01.2024 in CWJC No. 15189 of 2019—had firmly held that writ petitions are not maintainable in matters relating to Tola Sewak. Relying on this settled precedent, the Court examined whether the present petition fell within the same category. It concluded that the petition was indeed about a Tola Sewak matter and therefore fell outside the scope of writ jurisdiction. Consequently, the petition was dismissed as non‑maintainable.

Issues considered

Whether a writ petition is maintainable in matters relating to the appointment or service of a Tola Sewak

Subjects

writ jurisdiction
maintainability
Tola Sewak
civil procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.12983 of 2017
                 ======================================================
                 Asha Kumari @ Asha Devi W/o Bijendra Rajak Resident of Village-
                 Turkchakiya, P.S.-Buxar Muffasil. District-Buxar.

                                                                      ... ... Petitioner/s
                                                 Versus
           1.    The State Of Bihar through its Principle Secretary, Human Resources
                 Department, Government of Bihar, Patna.
           2.    The Collector, the District of Buxar, at Buxar
           3.    The District Programme Officer, Buxar at Buxar.
           4.    The Block Education Extension Officer, Buxar at Buxar.
           5.    . null null

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr.Arun Kumar Gupta, Adv
                 For the Respondent/s    :     Smt. Binita Singh-Sc28
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   05-01-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the respondent-State.

                               2. Admittedly, this is a matter which relates to Tola

                   Sewak.

                               3. By judgment and order dated order dated

                   01.03.2021 passed in LPA No. 630 of 2019, it has been held

                   that in matters relating to Tola Sewak, writ petition is not

                   maintainable.        Subsequently,     vide    another   order   dated

                   02.01.2024 passed in CWJC No. 15189 of 2019, the same

                   position was reiterated by a co-ordinate Bench of this Court.

                               4. In view of the above settled position of law with
          Patna High Court CWJC No.12983 of 2017(3) dt.05-01-2026
                                                     2/2




                    regard to maintainability of writ application with regard to Tola

                    Sewak, the present writ application is also held to be not

                    maintainable and is accordingly dismissed.



                                            (Alok Kumar Sinha, J)
kiran/-

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