Patna High Court
Jagannath ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The orders are revisable under section 9 of the Bihar Right to Public Grievance Redressal Act, 2015 and the petitioner must seek relief by filing a revision, not by a writ.
Summary
Jagannath Choudhary filed a writ petition in the Patna High Court challenging an order dated 07‑06‑2023 issued by the Additional Chief Secretary, Panchayati Raj Department and the Second Appellate Authority, as well as a letter dated 18‑10‑2023 from the Block Development Officer directing him to deposit Rs 5,51,218. The petitioner alleged that the orders were passed without notice or a hearing, violating the principles of natural justice, and sought certiorari and mandamus. The State argued that the orders are revisable under section 9 of the Bihar Right to Public Grievance Redressal Act, 2015 and that the petitioner should have approached the revisional authority. The Court held that the statutory scheme provides a specific revision remedy and therefore the High Court should not interfere by issuing writs. Consequently, the petition was dismissed with liberty to the petitioner to file a revision under section 9 within the prescribed time.
Issues considered
- Whether the orders passed under the Bihar Right to Public Grievance Redressal Act, 2015 are amenable to writ jurisdiction of the High Court.
- Whether the petitioner must first approach the revisional authority under section 9 of the Act before seeking relief through a writ.
Subjects
- natural justice
- writ of certiorari
- mandamus
- revision
- Bihar Right to Public Grievance Redressal Act
- administrative law
- due process
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.495 of 2024
======================================================
Jagannath Choudhary Son of Late Munni Lal Choudhary, Resident of Village-
Padrauna, P.O. Hardiya, Via- Barhariya, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Panchayati Raj
Department, Bihar.
2. The Commissioner, Saran Division, Chhapra.
3. The District Magistrate-Cum Collector, Siwan.
4. The District Panchayati Raj Officer, Siwan.
5. The Sub-Divisional Magistrate (SDM), Maharajganj - Sub Division,
District- Siwan-cum- District Public Grievance Officer, Siwan.
6. The Block Development Officer (BDO), Block-Goriyakothi, Siwan.
7. Prafulla Rajan, Son of Dr Ramesh Singh, R/o Village and P.O.- Kala Dumra,
Block- Goriyakothi, District- Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hitesh Suman, Adv.
For the Respondent/s : Mr.Rajat Kumar Tiwary, AC to SC24
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 02-02-2026 Heard Learned Counsel for the petitioner and
Learned Counsel for the State.
2. Learned Counsel for the petitioner submits that the
present writ petition has been filed with the following reliefs:-
a) Issuance of writ/ writs, order/ orders,
direction/directions in the nature of writ of Certiorari for
quashing order dated 07-06-2023, passed by Additional
Chief secretary, Panchayati Raj department, state of Bihar-
cum-Second Appellate Authority against the petitioner
withouta) Issuance of writ/ writs, order/ orders,
direction/directions in the nature of writ of Certiorari for
quashing order dated 07-06-2023, passed by Additional
Patna High Court CWJC No.495 of 2024(3) dt.02-02-2026
2/3
Chief secretary, Panchayati Raj department, state of Bihar-
cum-Second Appellate Authority against the petitioner
without providing opportunity of hearing to petitioner.
b) Issuance of writ in the nature of Certiorari
for quashing letter no 172 dated 18-10-2023 passed by
Block Development Officer, Goriyakothi (Respondent No-6)
where by and where under the petitioner has been directed
to deposit rupees ₹5,51,218(Rs Five Lakhs Fift one
thousand two hundred eighteen rupees) in Nazarat Office
Goriyakothi block otherwise certificate proceeding will be
initiated against the petitioner without issuance of notice to
petitioner and in complete violation of principle of natural
justice.
c) Issuance of writ/writs order/orders in the
nature of Mandamus directing the respondents not to take
any action in pursuance of order dated 07-06 -2023, passed
by Additional Chief secretary, Panchayati Raj department,
state of Bihar-cum-Second Appellate Authority and order
passed by respondent no.6 for recovery of aforementioned
amount, as the order has been passed in complete violation
of principle of natural justice without issuing any notice to
petitioner and without hearing him.
3. Counsel for the petitioner further submits that the
petitioner has challenged the original as well as appellate order
passed under the Bihar Right to Public Grievance Redressal Act,
2015.
4. Counsel for the State raised preliminary objection
and submits that the orders passed by the Original Authority and
Appellate Authority are revisable under section 9 of the Bihar
Right to Public Grievance Redressal Act, 2015. He further
Patna High Court CWJC No.495 of 2024(3) dt.02-02-2026
3/3
submits that inspite of challenging the order in the revision, he
has come directly before this Court.
5. In the light of the submissions made, this Court is
not inclined to interfere in the said orders, and hence, the
present writ petition is hereby disposed of, granting liberty to
the petitioner to avail his remedy by filing a revision case under
section 9 of the Bihar Right to Public Grievance Redressal Act,
2015 before the Revisional Authority, who shall pass order
within 90 days from the date of production of the revision case.
6. With the aforesaid directions and observations, the
present writ application stands disposed off.
(Dr. Anshuman, J)
Prakashmani/-
U
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