Patna High Court
Ravindra RishidevversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court held that the petitioner must first approach the competent Sub‑Divisional Officer under the Vikas Mitra Chayan Margdarshika and that the writ petition cannot proceed until a fresh representation is filed.
Summary
The petitioner, Ravindra Rishidev, filed a writ petition seeking a mandamus directing the State authorities to appoint him as Vikas Mitra for Gram Panchayat Kalabalua and to remove the allegedly illegal appointment of Nand Kishor Rishidev to the same post. He claimed to have lodged an objection under the Vikas Mitra Chayan Margdarshika, but the concerned authority had not acted on it. The State argued that the objection documents were filed with different authorities. The Court observed that the petitioner had omitted the Mission Director of the Bihar Mahadalit Vikas Mission as a respondent and directed that the party be added. It further held that the Sub‑Divisional Officer, Nawada, is the competent authority to consider the grievance and ordered the petitioner to file a fresh representation within 30 days, after which the authority must decide within 90 days. Consequently, the writ petition was stayed pending compliance with the procedural requirements.
Issues considered
- Whether the petitioner is entitled to a mandamus directing his appointment as Vikas Mitra.
- Whether the appointment of Nand Kishor Rishidev as Vikas Mitra is illegal and can be set aside by the Court.
- Whether the petitioner complied with the procedural requirements under the Vikas Mitra Chayan Margdarshika for filing objections.
- Whether the Court can entertain the writ petition without the Mahadalit Vikas Mission Director being impleaded as a respondent.
Subjects
- Vikas Mitra
- Gram Panchayat
- Mandamus
- Writ Petition
- Mahadalit Vikas Mission
- Procedural compliance
- Appointment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5959 of 2026
======================================================
Ravindra Rishidev Son of Late Ganga Rishidev, Resident of village - Ward
No.4, Baijnathpur, Post Panchayat - Kalabalua, P.S. - Raniganj, District -
Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Rural Development Department,
Govt. of Bihar, Patna.
2. The Secretary, Rural Development Department, Govt. of Bihar, Patna.
3. The District Magistrate, Araria.
4. The Sub-Divisional Officer, Nawada.
5. The Block Development Officer, Raniganj, Araria.
6. The Block Welfare Officer, Block Raniganj, Araria.
7. Nandkishor Rishidev, Son of Devnarayan Rishidev, Resident of village -
Majhua, Panchyat Majhua (West), Block Raniganj, District - Araria.
8. The Mission Director Bihar Maha Dalit Vikash Mission Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 23-04-2026
Heard learned Counsel for the petitioner and
learned Counsel for the State.
2. The present writ petition has been filed by the
petitioner with the following reliefs:
“I. For issuance of writ in
nature of mandamus to issue direction to the
respondent authorities to appoint the
petitioner for the post of Vikas Mitra for Gram
Panchayat - Kalabalua, Block - Raniganj,
District - Araria.
Patna High Court CWJC No.5959 of 2026 dt.23-04-2026
2/3
II. For further issuance of writ
in nature of mandamus to remove the
respondent No.8, namely, Nandkishor
Rishidev, who has illegally been appointed as
Vikas Mitra for Gram Panchayat, Kalabalua,
Block- Raniganj, District – Araria.
III. Also, for any other
relief/reliefs for which the petitioner is entitled
in the eye of law. ”
3. Learned Counsel for the petitioner submits that
the matter is relating to appointment of Vikas Mitra. He submits
that as per the Margdarshika for appointment of Vikas Mitra, any
objection has to be filed before Sub-Divisional Officer. The
petitioner has raised objection before the authority vide
Annexure-P/3 series, but the authority concerned has not taken any
decision with regard to the objection filed by the petitioner.
4. Learned Counsel for the State submits that the
copy of Annexure-P/3 has been filed before the different authority
whereas Annexure- P/4 has filed before the BDO.
5. From the record, it appears that petitioner has
not added Bihar Madalit Vikas Mission, as party respondent in the
present writ petition. Therefore, he is directed to add the Mission
Director, Bihar Mahadalit Vikas Mission, Patna, Bihar, as party
respondent No.8 in course of the day.
6. But from the respondent column, it transpires
that he has added the Sub-Divisional Officer, Nawada, as party
Patna High Court CWJC No.5959 of 2026 dt.23-04-2026
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respondent No.4, who is competent authority under the Mahadalit
Vikas Mission. Therefore, keeping pending the present writ
petition shall be a futile exercise.
7. Therefore, Counsel for the petitioner is directed
to file fresh representation before respondent No.4, the Sub-
Divisional Officer, Nawada, raising all his grievances in the light
of Vikas Mitra Chayan Margdarshika within 30 days from today
and the authority concerned shall pass order in accordance with
law within 90 days thereafter after granting opportunity to all
concerned including respondent No.7.
8. The 90 days shall be counted from the date of
appearance of all concerned.
9. It is made clear that this Court has granted
permission to the petitioner to add the Mission Director, Bihar
Mahadalit Vikas Missioin, Patna, Bihar, as party respondent No.8
today itself. Therefore, the judgment shall be pronounced only
after correction made in the title page of writ petition.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.04.2026
Transmission Date
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