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Patna High Court

Sonika SinhaversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The application was disposed of as withdrawn, with liberty granted to the petitioner to approach the District Magistrate for relief.

Summary

The petitioner, Sonika Sinha, filed a writ petition seeking a mandamus directing the Bihar Panchayati Raj Department to appoint her to a similar post after her termination as Gram Kachahari Sachiv, and also to pay her pending dues. She also sought any other appropriate reliefs. During the hearing, the petitioner withdrew the application, requesting liberty to approach the District Magistrate for redress. The Court disposed of the petition as withdrawn, granting the petitioner liberty to file a representation before the District Magistrate within four weeks. The Court directed that the District Magistrate decide the representation within three months of filing.

Issues considered

  • Whether the petitioner is entitled to appointment in a similar post after termination
  • Whether the petitioner is entitled to payment of pending dues as Gram Kachahari Sachiv
  • Whether a writ of mandamus is the appropriate remedy

Subjects

  • writ of mandamus
  • appointment
  • Panchayati Raj
  • civil writ jurisdiction
  • withdrawal
  • representation
  • District Magistrate

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.3424 of 2026
                 ======================================================
                 Sonika Sinha W/o Gajadhar Prasad, resident of Village-Ward No.-5, Bajopur,
                 P.S.-Muffasil, District-Samastipur.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Secretary, Bihar Panchayati Raj Department,
                 Govt. of Bihar, Patna.
           2.    The District Magistrate, Samastipur.
           3.    The Block Development Officer, Samastipur Block Officer, District
                 -Samastipur.
           4.    The Block Panchayat Raj Officer (BPRO), Block Office, Samastipur,
                 District-Samastipur
           5.    The Sarpanch, Dudhpura Panchayat under Samastipur, Block Office,
                 District- Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ramanuj Tiwari, Advocate
                                                    Mr. Rajeev Ranjan, Advocate
                 For the Respondent/s     :         Government Pleader-20
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   13-03-2026                     1. The petitioner has filed the instant application for

                   the following reliefs:

                                        “I. For issuance of writ of mandamus directing
                                        the respondents to appoint the petitioner in
                                        similar situated post in the Bihar Panchayati Raj
                                        Department Government of Bihar in District-
                                        Samastipur, which has been terminated without
                                        any notification on the post of Gram Kachahari
                                        Sachiv in Dudhpura Panchayat and this
                                        Panchayat was merged in 'Nagar Nigam' in
                                        District-      Samastipur        in        Town   area.
                                        II. For issuance of writ of mandamus directing
          Patna High Court CWJC No.3424 of 2026(2) dt.13-03-2026
                                                      2/2




                                       the respondents to make payment of the
                                       petitioner which was dues in running stage of
                                       Gram Kachahari in Dudhpura Panchayat under
                                       Block Office, Samastipur, District- Samastipur.
                                       III. For issuance of any other appropriate
                                       writ/writs, order/orders, direction/directions, for
                                       which petitioner may deemed entitled under the
                                       fact and circumstances of case.”
                                2. After some arguments, learned counsel for the

                    petitioner prays for withdrawal of this application with the

                    liberty to the petitioner to represent before the respondent-

                    District Magistrate for redressal of his grievances as raised in

                    the instant application.

                                3. The application is disposed of as withdrawn with

                    the liberty aforesaid.

                                4. In case such representation is filed within a period

                    of four weeks, the District Magistrate, Samastipur (respondent

                    no 2) shall decide the same in accordance with law within a

                    period of three months from the date of its filing.


                                               (Partha Sarthy, J)

Bibhash

U


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