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Patna High Court

Anup KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner must first make a fresh representation before the District Magistrate, and therefore the writ petition was disposed without granting the relief sought.

Summary

Anup Kumar petitioned the Patna High Court for appointment as Vikas Mitra for Panchayat Domunhan, claiming his position in the merit list entitled him to the post and seeking to declare the appointment of respondent No. 8 null and void. He also demanded production of investigation reports and a forensic examination of alleged alterations. The court noted that the petitioner had already approached the Sub‑Divisional Officer, whose order rejected his claim, and had filed an application with the District Magistrate which remained pending. Considering the procedural guidelines for Vikas Mitra appointments, the court found no basis to grant immediate relief or to set aside the existing appointment. It directed the petitioner to file a fresh representation before the District Magistrate within 30 days, and the Magistrate to decide within 90 days after hearing respondent No. 8. Accordingly, the writ petition was disposed.

Issues considered

  • Whether the appointment of respondent No. 8 as Vikas Mitra can be declared null and void on the ground of the petitioner’s merit‑list position
  • Whether the petitioner is entitled to immediate relief including production of investigation reports and forensic examination
  • Whether the court should direct fresh representation before the District Magistrate before entertaining the writ

Subjects

  • appointment
  • merit list
  • Vikas Mitra
  • Panchayati Raj
  • writ petition
  • administrative law
  • procedural fairness

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.3992 of 2026
                 ======================================================
                 Anup Kumar Son of Sri Prasadi Das, resident of village- Singhajor, Post
                 Office- Domunhan, P.S.- Banka, District- Banka, Bihar.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Addl. Chief Secretary, Panchayati Raj,
                 Government of Bihar, Secretariat Building, Patna- 800015.
           2.    The District Magistrate, District Banka, Bihar.
           3.    The District Panchayati Raj Officer, District Banka.
           4.    The Sub-Divisional Officer, Banka Sub-Division, District Banka.
           5.    The Block Development Officer, Banka Block, District- Banka.
           6.    The Block Welfare Officer (Development), Banka Block, District- Banka.
           7.    The Circle Officer, District- Banka.
           8.    Deepak Kumar, Son of Sri Sahdeo Das, resident of- 18, ward no. 26,
                 Jagatpur, Post Office- Banka, P.S.- Banka, District- Banka, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Divit Vinod, Advocate
                                               Ms. Saloni Sinha, Advocate
                 For the State          :      Mr.Syed Hussain Majeed, AC to SC-6
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   23-03-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. The petitioner has filed the present writ petition

                   seeking appointment to the post of Vikas Mitra for Panchayat

                   Domunhan, Block Banka, District Banka, on the basis of his

                   position in the merit list, by declaring the appointment of

                   respondent No. 8 as null and void, and for grant of all

                   consequential benefits. The petitioner has further prayed for

                   production of both the original Block Development Officer’s
Patna High Court CWJC No.3992 of 2026(2) dt.23-03-2026
                                            2/3




          investigation report and the modified/filed version of the said

          report, as well as seeking forensic examination to determine

          about alternation, submission of report. The petitioner has also

          sought an order awarding costs of litigation.

                      3. Learned counsel for the petitioner submits that the

          matter is relating to appointment on the basis of Vikash Mitra

          for Panchayat Domunhan Block Banka, District -Banka. He

          further submits that he has filed a petition before the SDO who

          has passed order and his claim has been rejected. Thereafter he

          has filed application before the District Magistrate, Banka on

          02.09.2025, as contained in Annexure P/6 to the writ petition,

          but no decision has been taken as yet.

                      4. In this view of the matter, and considering the

          guidelines relating to the appointment of Vikas Mitra, liberty is

          hereby granted to the petitioner to file a fresh representation

          before respondent No. 2, namely, the District Magistrate, Banka,

          along with a copy of this order, within 30 days from today.

          Upon receipt of the representation, respondent No. 2 is directed

          to take a decision thereon within 90 days from the date of its

          filing, by passing a reasoned and speaking order, after issuing

          notice and affording an opportunity of hearing to respondent

          No. 8. The period of 90 days shall be counted from the date of
            Patna High Court CWJC No.3992 of 2026(2) dt.23-03-2026
                                                        3/3




                      appearance of respondent No. 8.

                                  5. With the aforesaid observation and direction, the

                      writ petition stands disposed off.



                                                 (Dr. Anshuman, J)
Ashwini/-

U


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