Patna High Court
Naresh PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court did not adjudicate the merits but directed the District Magistrate to decide the petitioner’s representation within 90 days, thereby disposing the writ petition.
Summary
The petitioner, Naresh Prasad, filed a writ petition seeking to quash Memo No. 3030 dated 15-10-2025 issued by the Deputy Development Commissioner and a subsequent letter, and to prevent the authorities from obstructing his appointment as Sanitation Supervisor under the Rural Development Department guidelines. He also submitted a representation on 19-12-2025 to the District Magistrate challenging the memo, which remains pending. The State argued that the court should merely direct the District Magistrate to issue a reasoned order on the representation within a reasonable time. The Court, without examining the merits of the representation, directed the District Magistrate to decide the petitioner's representation within 90 days of the order and ordered that the petitioner not be disturbed in the meantime. Consequently, the writ petition was disposed, leaving the substantive issues for the District Magistrate to resolve.
Issues considered
- Whether Memo No. 3030 dated 15-10-2025 can be quashed by a writ of the High Court.
- Whether the petitioner can be restrained from functioning as Sanitation Supervisor under the Rural Development Department guidelines.
- Whether the High Court can direct the District Magistrate to decide a pending representation within a specified period.
Subjects
- writ petition
- quashing order
- sanitation supervisor
- administrative law
- representation
- district magistrate
- Bihar Rural Development Department
- procedural direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5294 of 2026
======================================================
Naresh Prasad Son of Late Gyanchand Mahto, Resident of Village- Pipraun
Ward No.6, P.S- Harlakhi, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Rural Development
Department, Government of Bihar, Patna.
2. The District Magistrate, Madhubani.
3. The Deputy Development Commissioner-cum-Deputy Chairman, District
Water and Sanitation Committee, Madhubani.
4. That Block Development Officer, Harlakhi, Madhubani.
5. The Mukhiya Gram Panchayat, Pipraun, Block Harlakhi, Madhubani.
6. The Panchayat Secretary, Gram Panchayat, Pipraun, Clock- Harlakhi,
Madhubani.
7. Mamta Kumari, Wife of Pramod Kumar, Resident of Village- Pipraun, P.S-
Harlakhi, Block- Harlakhi, District- Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rana Bhupendra Narayan Singh, Advocate
Ms. Babita Kumari, Advocate
Mr. Akhilesh Kr. Singh, Advocate
For the State : Mr. Government Pleader (05)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following relief/s:-
“I. For issuance of an appropriate writ or
writs, order or orders for quashing of Memo
No. 3030 dated 15.10.2025 (Annexure-P/3)
issued by the Deputy Development
Commissioner, Madhubani (Respondent no. 3)
and its consequent letter dated 12.12.2025
issued by Memo no. 1297 (Annexure-P/4)
issued by the Block Development Officer,
Patna High Court CWJC No.5294 of 2026(2) dt.09-04-2026
2/3
Harlakhi to the Panchayat Secretary, Pipraun.
II. For issuance of an appropriate writ
commanding and directing the respondents not
to restrain or object the petitioner from the
functioning as Sanitation Supervisor who is
duly selected under the guideline issued by the
Rural Development Department, Government
of Bihar and after recommendation of Gram
Panchayat implementation committee (GPIC)
in Aam Sabha.
III. For issuance of any other appropriate writ/
writs, order or orders, direction or direction
for granting relief for which the petitioner is
entitle in the facts and circumstances of the
case.”
3. Learned counsel for the petitioner submits that
against the order passed by the Deputy Development
Commissioner, Madhubani dated 15.10.2025, the petitioner has
filed representation dated 19.12.2025 vide Annexure-P/5 before
the District Magistrate, Madhubani, which is pending and the
B.D.O is pressurizing through different means for removal of the
petitioner.
4. Learned counsel for the State submits that this writ
petition may be disposed off directing the District Magistrate,
Madhubani to pass a reasoned order on the petitioner’s
representation (Annexure-P/5) within a stipulated period of time.
Patna High Court CWJC No.5294 of 2026(2) dt.09-04-2026
3/3
5. In the present facts and circumstances of the case
considering that the petitioner has filed a representation dated
19.12.2025 (Annexure-P/5) before the District Magistrate,
Madhubani against the order dated 15.10.2025 passed by the
Deputy Development Commissioner, Madhubani, the District
Magistrate, Madhubani (Respondent No. 2) is hereby directed to
take a decision on the petitioner’s representation dated
19.12.2025 (Annexure-P/5) within 90 days from the date of
production of a copy of this order.
6. Accordingly with the aforesaid direction, this writ
petition stands disposed off. It is made clear that this Court has
not entered into the merit or demerit of this case. It is open for
the District Magistrate, Madhubani to decide the said petitioner’s
representation and scrutinize the decision of the Deputy
Development Commissioner, Madhubani in accordance with law.
In the meantime, the petitioner shall not be disturbed, till
decision of the District Magistrate, Madhubani.
(Dr. Anshuman, J)
Divyansh/-
U
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