Patna High Court

Shrimauli ChaubeyversusThe State of Bihar

Decided: 6 February 2026
Disposal: DISPOSED
Bench: RITESH KUMAR

Holding

The writ petition is dismissed as the petitioner must first avail the statutory remedy under Rule 24 of the Bihar Government Servant (C.C.A.) Rules, 2005.

Summary

Shrimauli Chaubey filed a writ petition challenging actions of the State of Bihar and its agricultural officials. The State argued that the petitioner must first pursue the statutory appeal provided under Rule 24 of the Bihar Government Servant (C.C.A.) Rules, 2005. The Court examined whether the writ petition was maintainable in light of this statutory remedy. It held that the petitioner had a specific statutory avenue and therefore the writ petition could not proceed. Consequently, the Court disposed of the petition, granting the petitioner liberty to approach the Appellate Authority under the said rule.

Issues considered

Whether the petitioner is required to exhaust the statutory remedy under Rule 24 of the Bihar Government Servant (C.C.A.) Rules, 2005 before filing a writ petition.

Subjects

writ jurisdiction
statutory remedy
service law
administrative law
Bihar Government Servant Rules

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Civil Writ Jurisdiction Case No.18056 of 2023
                    ======================================================
                    Shrimauli Chaubey Son of Late Guptanath Chaubey, Resident of Village-
                    Bilashpur, Police Station- Sabdokhar, Police Station-Chenari, District- Rohtas
                    (Sasaram).

                                                                       ... ... Petitioner/s
                                                 Versus
               1.   The State of Bihar through the Principal Secretary, Department of
                    Agriculture, Bihar, Patna.
               2.   The Director Agriculture, Patna, Bihar.
               3.   The Joint Director, Agriculture, Saran Division, Chapra.
               4.   The Joint Director, Agriculture-cum-Enquiry Officer, Patna Division, Patna.
               5.   The District Magistrate, Buxar.

                                                              ... ... Respondent/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s   :       Mr. Jitendra Prasad Singh, Sr. Advocate
                                           :       Mr. Venkatesh Kaushik, Advocate
                    For the State          :       Mr. Prabhakar Jha, GP-27
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                          ORAL ORDER

2    06-02-2026                      Heard the parties.

                                    2. At the outset, the learned counsel for the State

                      points out that the petitioner has a statutory remedy available to

                      him to file an appeal before the Appellate Authority under Rule

                      24 of the Bihar Government Servant (C.C.A.) Rules, 2005.

                                    3. Accordingly, the present writ petition is disposed of

                      with liberty to the petitioner to avail the statutory remedy as

                      stated above.


                                                (Ritesh Kumar, J)
AjayMishra/-
U

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