Created by Fuzzy Cloud

Patna High Court

SitaramversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                           2/4




          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
                                           3/4




          (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
                                                     4/4




                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.