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Patna High Court

Tananjay PrakashversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court directed the petitioner to file a fresh representation and ordered the respondent authority to decide the matter within two months, thereby disposing of the writ application.

Summary

The petitioner, Tananjay Prakash, applied for the post of Sanitation Supervisor‑Cum‑Supervisor in Gram Panchayat Harpur, Samastipur, alleging that his representation regarding the selection process was ignored and that the respondent, Subodh Das, had been illegally and arbitrarily appointed. He sought a writ directing the authorities to cancel Subodh Das's selection and appoint him instead. The court noted that the petitioner had filed a representation with the Deputy Development Commissioner‑cum‑District Water and Cleaning Committee, but no response was received. Accordingly, the court ordered the petitioner to file a fresh representation within four weeks and directed the respondent authority to decide the matter in accordance with law within two months. The writ application was disposed with these directions, without a substantive ruling on the legality of the original selection.

Issues considered

  • What is the appropriate remedy when a representation filed by an applicant for a government post is ignored?
  • Whether the selection of Subodh Das as Sanitation Supervisor was illegal and arbitrary, warranting cancellation and appointment of the petitioner.

Subjects

  • Writ jurisdiction
  • Administrative law
  • Selection process
  • Representation
  • Illegal appointment
  • Sanitation Supervisor
  • Gram Panchayat
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5805 of 2026
                 ======================================================
                 Tananjay Prakash, Son of Surendra Ram, Resident of Village-Harpur Rewari,
                 Block-Ujiyarpur, P.S -Angaraghat, District- Samastipur.
                                                                          ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Secretary, Rural Development Department,
                 Government of Bihar, Patna.
           2.    The Secretary Panchayati Raj Department Government of Bihar, Patna.
           3.    The District Magistrate, Samastipur.
           4.    The Deputy Development Commissioner Cum District Water and Cleaning
                 Committee, Samastipur.
           5.    The District Panchayati Raj Officer, Samastipur.
           6.    The Block Development Officer, Ujiyarpur, Samastipur.
           7.     Subodh Das Son of Nanhaki Das, Resident of Village -Harpur Rewari, Ward
                  No.10, P.S -Angaraghat, District -Samastipur.
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dhaneshwar Prasad Gupta, Advocate
                                                   Mr. Ravinesh Kumar, Advocate
                 For the Respondent/s     :        Mr. Satya Vrat, AC to GP-10
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   20-04-2026                   The petitioner has filed the instant application for the

                   following relief :-

                                                     “That, this is an application for
                                        issuance     of     the     appropriate    writ/writs,
                                        order/orders      or   direction/directions   to the
                                        respondent Authority to Select the petitioner on
                                        the Post of Sanitation Supervisor –Cum–
                                        Supervisor        under Gram Panchayat Harpur,
                                        Bock-   Ujiyarpur,        District;-Samastipur   after
                                        Cancellation of the Selection of the respondents
                                        No.7, who has been illegally and arbitrary
                                        Selected on the Post of Sanitation Supervisor
            Patna High Court CWJC No.5805 of 2026(2) dt.20-04-2026
                                                        2/2




                                         cum Supervisor in the aforesaid Panchayat.”

                                  2. Learned counsel for the petitioner submits that

                      inspite of the petitioner having filed a representation, a copy of

                      which has been brought on record as Annexure-P5 to the writ

                      application before the Deputy Development Commissioner –

                      cum– District Water and Cleaning Committee (respondent no.4),

                      no relief has been granted to the petitioner nor has the petitioner

                      received any response thereto.

                                  3. Let the petitioner file a fresh representation along

                      with a copy of this order within a period of four weeks before

                      the respondent no.4.

                                  4. The respondent no.4 shall decide the same in

                      accordance with law within a period of two months and

                      communicate the result thereof to the petitioner forthwith.

                                  5. The writ application stands disposed of with the

                      above observations and directions.



                                                                     (Partha Sarthy, J)
avinash/-

U


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