Patna High Court

Kalpana KumariversusThe State of Bihar

Decided: 23 March 2026
Disposal: DISPOSED
Bench: RITESH KUMAR

Holding

The court held that the petitioner may be granted liberty to file a statutory appeal before the Mission Director, and the appellate authority shall consider it on its merits without prejudice.

Summary

Kalpana Kumari filed a civil writ petition challenging actions of the State of Bihar and several officials. The petitioner sought liberty to file a statutory appeal before the Mission Director of the Bihar Mahadalit Vikas Mission. The court noted that the counter‑affidavit of the Mahadalit Vikas Mission contained a statement permitting such an appeal and that none of the respondents objected. Accordingly, the court disposed of the writ petition, granting the petitioner permission to file the statutory appeal. The court further directed that the appellate authority consider the appeal on its own merits without being influenced by the present order.

Issues considered

Whether the petitioner is entitled to liberty to file a statutory appeal before the Mission Director, Bihar Mahadalit Vikas Mission.

Subjects

civil writ jurisdiction
statutory appeal
Mahadalit Vikas Mission
appellate authority
liberty to appeal
patna high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.19245 of 2013
                 ======================================================
                 Kalpana Kumari Daughter of Sri Purnmasi Ram, Wife of Gauri Shankar
                 Prasad Resident of Mohalla- Ambedker Nagar Ward No. 04, P.O. and Police
                 Station- Shahpur Patti, District- Bhojpur.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The District Magistrate, Bhojpur
           3.    The Senior Deputy Collector Cum Incharge Officer, Jan Shikayat Koshang,
                 Aarah, District- Bhojpur
           4.    The Sub Divisional Officer Jagdishpur, District- Bhojpur.
           5.    The District Welfare Officer, District- Bhojpur
           6.    The Block Development Officer, Shahpur, District- Bhojpur.
           7.    The Circle Officer Shahpur, District- Bhojpur
           8.    The Executive Officer, Nagar Panchayat- Shahpur, District- Bhojpur.
           9.    Prem Shanker Son of Sri Luxman Prasad Resident of Village, P.O. and
                 Police Station- Shahpur, District- Bhojpur.
           10. Bihar Mahadalit Vikas Mission through its Chairman Sachivalaya
               Vistarikaran Bhawan, Block- 3, Old Secretariat, Bihar- 800015.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Dinu Kumar, Advocate
                                         :      Mr. Vardaan Manglam, Advocate
                 For the State           :      Mr. Sanjay Prasad, AC to AAG-4
                 For the Respondent no.8 :      Mr. Abhay Kumar, Advocate
                 For the Respondent no.10:      Mr. Ranjeet Kumar Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

6   23-03-2026                    Heard the parties.

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

                   submits that in view of the statement made in paragraph no.6 of

                   the counter affidavit filed on behalf of the respondent no.10

                   (Bihar Mahadalit Vikas Mission), he may be given liberty to file

                   statutory appeal before the Mission Director, Bihar Mahadalit
          Patna High Court CWJC No.19245 of 2013(6) dt.23-03-2026
                                                     2/2




                    Vikas Mission, Patna.

                                3. The learned counsels for the respondents did not

                    object to the same.

                                4. Accordingly, the writ petition is disposed of with

                    the liberty to the petitioner to file statutory appeal before the

                    Appellate Authority in accordance with law.

                                5. If the petitioner files the statutory appeal before the

                    Appellate Authority, the Appellate Authority shall consider the

                    appeal on its own merit, without being prejudiced with the

                    observations made in the present order.



                                               (Ritesh Kumar, J)
AjayMishra/-

U

Continue reading with your account

Checking your session…