Patna High Court
SitaramversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioner must first avail the remedy under the Bihar Gram Katchahry Nyaya Mitra (Employment, Service Conditions & Duties) Rules, 2007, and the writ petition is disposed without substantive adjudication.
Summary
The petitioner, Sitaram, filed a writ petition challenging an order dated 19‑08‑2025 concerning the appointment of a Nyaya Mitra in a Gram Panchayat. He later sought to amend the petition to raise a fresh challenge to the appointment letter. The State contended that the petitioner must first invoke the specific grievance mechanism prescribed under Rule 12 and Rule 13 of the Bihar Gram Katchahry Nyaya Mitra (Employment, Service Conditions & Duties) Rules, 2007, framed under Section 146 read with Section 94(2) of the Bihar Panchayat Raj Act, 2006. The High Court examined the statutory scheme and held that the petitioner is required to approach the concerned Sub‑Divisional Magistrate within thirty days and, if dissatisfied, may appeal to the District Magistrate. Accordingly, the Court disposed of the writ petition, granting the petitioner liberty to avail the statutory remedy and directing the Sub‑Divisional Magistrate to decide the matter on its merits rather than on technical grounds.
Issues considered
- Whether the petitioner can approach the High Court directly without first availing the remedy prescribed under the Bihar Gram Katchahry Nyaya Mitra Rules, 2007.
- Whether the High Court can entertain the writ petition when a specific statutory grievance procedure is available.
Legislation cited
- Bihar Panchayat Raj Act, 2006 — s. 146, 94(2)
Subjects
- Writ petition
- Nyaya Mitra
- Bihar Panchayat Raj Act
- Statutory remedy
- Sub‑Divisional Magistrate
- High Court jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14290 of 2025
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Sitaram S/o Arvind Kumar Singh, R/o Mohalla- Ward No. 23, Bodhnagar,
Barahiya, P.S. Barahiya, District- Lakhisarai, Bihar. At present residing at
Village- Indupur, P.S. Barhiya, District- Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Panchayati Raj Department,
Government of Bihar, P.S. Sachivalay, District- Patna.
2. The Secretary, Panchayati Raj Department, Government of Bihar, P.S.
Sachivalay, District- Patna.
3. The Director, Panchayati Raj Department, Bihar, P.S. Sachivalay, District-
Patna.
4. The Special Work Officer (Vishesh Kaarya Padhdhikari), Panchayati Raj
Department, Bihar, P.S. Sachivalay, District- Patna.
5. The District Magistrate, Lakhisarai, P.S. Lakhisarai, District- Lakhisarai.
6. The District Public Relation Officer, Lakhisarai, P.S. Lakhisarai, District-
Lakhisarai.
7. The District Panchayati Raj Officer, Lakhisarai, P.S. Lakhisarai, District-
Lakhisarai.
8. The Block Development Officer, Pipariya, P.S. Pipariya, District-
Lakhisarai.
9. The Nyaya-Mitra Selection Unit Walipur (Olipur) Panchayat through its
Chairman, P.S.- Pipariya, District- Lakhisarai.
10. The Sarpanch, Walipur (Olipur) Panchayat through its Chairman, P.S.-
Pipariya, District- Lakhisarai.
11. The Secretary Gram Kutchary-cum-Member Secretary, Nyaya-Mitra
Selection Unit Walipur (Olipur) Panchayat, P.S.- Pipariya, District-
Lakhisarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anand Raj, Adv.
For the Respondent/s : Mr.Ranjeet Kumar, AC to SC23
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 30-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. Counsel for the petitioner submits that the present
Patna High Court CWJC No.14290 of 2025(4) dt.30-03-2026
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I.A. No.1 of 2025 has been filed for amendment in the writ
petition by adding a prayer for challenging the order dated
19.08.2025 as contained as Annexure-P/14 in the I.A. petition.
3. Counsel submits that during pendency of the writ
petition, one person has been appointed as Nyaya Mitra,
therefore, it is necessary to brought on record the subsequent
development and also challenge the said letter.
4. Counsel for the State raised preliminary objection
and submits that in exercise of power conferred under Section
146 read with section 94(2) of the Bihar Panchayat Raj Act,
2006 (Bihar Act 6 of 2006), a rule has been framed relating to
appointment, service conditions and duties of Nyaya Mitra and
submits that the petitioner without availing his remedy under the
said rule, has directly come before this Hon’ble Court.
Therefore, he submits that instead of passing any order on
I.A./writ petition, petitioner may be directed to avail his remedy
firstly under the said rule framed for Nyaya Mitra and then only,
come before this Hon’ble Court.
5. After hearing the parties, it transpires to this Court
that in exercise of power under Section 146 read with Section
94(2) of the Bihar Panchayat Raj Act, 2006 (Bihar Act 6 of
2006) a rule namely, Bihar Gram Katchahry Nyaya Mitra
Patna High Court CWJC No.14290 of 2025(4) dt.30-03-2026
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(Employment, Service Conditions & Duties) Rules, 2007 has
been notified whose Rules 12 & 13 states as follows:-
12. Complaint.- Any complaint reading
employment of Nyaya Mitra of Gram Katchahry on
contract basis may be filed before the concerned
Sub-Divisional Magistrate within 30 (thirty) days
of such employment under these rules, Sub-
Divisional Magistrate shall be competent to take
decision on the complaint received. Sub-Divisional
Magistrate concerned shall give his decision on the
complaint received not later than 30 days.
13. Appeal.- Any appeal against the
decision of Sub-Divisional Magistrate may be filed
before the District Magistrate concerned within
thirty days from taking such decision, hearing of
which shall be made by District Magistrate or an
officer equivalent to the rank of Additional District
Magistrate authorised by him. Order shall be
passed after the hearing is completed.
6. It is very much clear upon bare reading of these two
rules that any complaint regarding employment of Nyaya Mitra
of Gram Katchahry on contract basis may be filed before the
concerned Sub-Divisional Magistrate within 30 days of such
employment under these rules.
7. In this background, this Court, without passing any
order on I.A. No.1 of 2025, hereby disposed off the present writ
petition granting liberty to the petitioner to avail remedy under
Patna High Court CWJC No.14290 of 2025(4) dt.30-03-2026
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the said rule, namely, Bihar Gram Katchahry Nyaya Mitra
(employment, service condition & duties) Rule 2007 within 30
days from the date of production of this order.
8. It is hereby directed to the concerned Sub-
Divisional Magistrate to not reject claim of the petitioner on
technical ground that it has not been filed within 30 days, rather
he shall pass order on merit after hearing all the concerned.
9. With the aforesaid directions and observations, the
present writ petition stands disposed off.
(Dr. Anshuman, J)
Prakashmani/-
U
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