Patna High Court
Rakesh Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition is dismissed because the grievance must be pursued before the Sub‑Divisional Magistrate as required by Rule 12 of the Bihar Gram Katchahry Nyaya Mitra Rules, 2007.
Summary
The petitioner, Rakesh Kumar Sinha, filed a writ petition seeking a mandamus directing the State authorities to appoint him as Nyay Mitra under contract at Banpur Panchayat, alleging that the appointment of a private respondent was illegal. The State contended that the appointment of Nyay Mitra is governed by the Bihar Gram Katchahry Nyaya Mitra (Employment, Service Conditions and Duties) Rules, 2007, framed under sections 94(1) and 146 of the Bihar Panchayat Raj Act, 2006. The petitioner argued that the complaint regarding the appointment should be filed before the Collector, but the court noted that Rule 12 of the 2007 Rules mandates filing such complaints before the Sub‑Divisional Magistrate within 30 days. The court held that the petitioner must first approach the Sub‑Divisional Magistrate as prescribed by the Rules. Consequently, the writ petition was disposed, with the court directing the petitioner to avail the statutory remedy within 30 days.
Issues considered
- Whether the petitioner can approach the High Court directly for mandamus in respect of the appointment of Nyay Mitra.
- Whether the complaint under the Bihar Gram Katchahry Nyaya Mitra Rules must be filed before the Sub‑Divisional Magistrate within the stipulated period.
Legislation cited
- Bihar Panchayat Raj Act, 2006 — s. 146, 94(1)
Subjects
- Nyaya Mitra
- mandamus
- appointment
- administrative law
- remedy
- Sub‑Divisional Magistrate
- Bihar Panchayat Raj Act
- service conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6615 of 2026
======================================================
Rakesh Kumar Sinha Son of Late Uday Shankar Prasad, Resident of Village-
Suggi, Police Station -Jamui, District - Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar,
Patna.
3. Collector cum District Magistrate, Jamui.
4. District Panchayati Raj Officer, Jamui.
5. Block Development Officer, Khaira, Jamui.
6. Gram Kachahari, Banpur Panchayat, Block Khaira, District - Jamui through
its Gram Kachari Secretary.
7. Sarpanch, Gram Kachari, Banpur Panchayat, Khaira, Jamui.
8. Manoj Kumar, Son of Saroj Singh, Resident of Village- Changodih, Police
Station- Khaira, District Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate
For the State : Mr. Venkatesh Kirti (JC to GA-2)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 30-04-2026 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. That by the present application the
petitioner invoking extra ordinary jurisdiction
of this Hon’ble Court, prays for issuance of
writ or writs in the nature of mandamus
directing the respondents to apparent the
petitioner as Nyay Mitra as basis of contract
at Banpur Panchayat Kaddim within the
Khaira Anchal, District- Jamui who is eligible
Patna High Court CWJC No.6615 of 2026(2) dt.30-04-2026
2/3
for appointment notice No. 1420 dated
23.01.2025 issued by Panchayat Raj
Department, Bihar Government and removed
the private respondent who was appointed by
the respondent authority private respondent is
out sider and his name was not mentioned in
first merit list. Private respondent name is
added in IInd list first time and appoint the
private respondent illegally.”
3. Learned counsel for the State raised preliminary
objection and submits that the present matter is relating to
appointment of Nyaya Mitra and for the purpose of appointment
of Nyaya Mitra, there is a special rule framed in exercise of the
powers conferred under section 94(1) read with section 146 of
the Bihar Panchayat Raj Act, 2006 (Bihar Act 6 of 2006),
namely, Bihar Gram Katchahry Nyaya Mitra (Employment,
Service Conditions and Duties) Rules, 2007.
4. In response thereof, counsel for the petitioner
submits that the complaint relating to employment of Nyaya
Mitra has to be made before the Sub-Divisional Magistrate
within 30 days. But, unfortunately, it has been made before the
Collector. Counsel submits that liberty may be granted to the
petitioner so that he may file complaint under the said authority.
5. This Court upon hearing the parties is of the view
Patna High Court CWJC No.6615 of 2026(2) dt.30-04-2026
3/3
that Rule 12 of the Bihar Gram Katchahry Nyaya Mitra
(Employment, Service Conditions and Duties) Rules, 2007 talks
about complaint which reads as under:-
“12. Complaint.- Any complaint regarding
employment of Nyaya Mitra of Gram
Katchahry on contract basis may be filed
before the concerned Sub-Divisional
Magistrate within 30 (thirty) days of such
employment under these Rules, Sub-Divisional
Magistrate concerned shall be competent to
take decision on the complaint received. Sub-
Divisional Magistrate concerned shall give
his decision on the complaint received not
later than 30 days.”
6. This Court hereby directs the petitioner to avail the
remedy before the appropriate authority under Rule 12 of the
Bihar Gram Katchahry Nyaya Mitra (Employment, Service
Conditions and Duties) Rules, 2007, within 30 days from today.
7. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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