Patna High Court
Anup KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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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
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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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