Patna High Court

Punam Devi @ Poonam KumariversusThe State of Bihar

Decided: 16 March 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The writ petition is disposed of, with liberty granted to the petitioner to challenge the Collector’s order before the Bihar Mahadalit Vikas Mission within 30 days.

Summary

The petitioner, Punam Devi, challenged an order dated 08‑04‑2023 issued by the Collector of Vaishali which rejected her claim relating to the appointment of Vikash Mitra. The petition was filed under a writ jurisdiction, having earlier been remanded by this Court in 2016 to the Collector and District Magistrate for a decision on the claim. The State argued that matters concerning the appointment of Vikash Mitra fall within the jurisdiction of the Bihar Mahadalit Vikas Mission (BMVM) and that the Collector’s order is appealable before that body. The Court observed that the petitioner had not made the BMVM a party and that the appropriate remedy is to approach the BMVM for review. Consequently, the Court disposed of the writ petition, directing the petitioner to file a challenge to the Collector’s order before the BMVM within thirty days.

Issues considered

Whether the Collector’s order rejecting the petitioner’s claim is subject to writ jurisdiction.
Whether the appropriate forum for appeal of the Collector’s order is the Bihar Mahadalit Vikas Mission.
Whether the petitioner can be directed to approach the BMVM within a specified time.

Subjects

appointment
Bihar Mahadalit Vikas Mission
writ petition
administrative law
appeal
jurisdiction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.7048 of 2025
     ======================================================
     Punam Devi @ Poonam Kumari Wife of Rajesh Kumar Choudhary, Resident
     of Village and P.O. - Madarna, P.S.- Vaishali, District- Vaishali.

                                                                     ... ... Petitioner/s
                                         Versus

1.   The State of Bihar through the Principal Secretary Welfare Department,
     Govt. of Bihar.
2.   The Collector and District Magistrate, Vaishali at Hajipur.
3.   The Deputy Development Commissioner, Vaishali at Hajipur.
4.   The Block Development Officer, Vaishali at Hajipur, District - Vaishali.
5.   The District Welfare Officer, District Vaishali at Hajipur,
6.   Block Welfare Officer, Gram Panchayat - Madarna, District- Vaishali.
7.   Poonam Kumari, Wife of Raju Ram (by caste Chamar) resident of village-
     Bishunpur Paltu, P.S. - Vaishali and District - Vaishali. resident of village
     and Gram Panchayat - Salempur, P.O. - Nandlalpur, P.S. - Lalganj, Block-
     Vaishali, District- Vaishali at Hajipur.
8.   Parmeshwar Ram, Son of Musahar Ram, House No. 71, resident of village
     and Gram Panchayat - Salempur, P.O. - Nandlalpur, P.S. - Lalganj, Block-
     Vaishali, District- Vaishali at Hajipur.
9.   Raj Kumari Devi, Wife of Bangali Ram, House No. 71, resident of village
     and Gram Panchayat - Salempur, P.O. - Nandlalpur, P.S. - Lalganj, Block-
     Vaishali, District- Vaishali at Hajipur.
10. Sanjay Kumar, Son of - Bangali Ram, House No. 71, resident of village and
    Gram Panchayat - Salempur, P.O. - Nandlalpur, P.S. - Lalganj, Block-
    Vaishali, District- Vaishali at Hajipur.
11. Man Jhariya Devi, Wife of - Parmeshwar Ram, House No. 71, resident of
    village and Gram Panchayat - Salempur, P.O. - Nandlalpur, P.S. - Lalganj,
    Block- Vaishali, District- Vaishali at Hajipur.
12. Anant Ram, Son of - Parmeshwar Ram, House No. 71, resident of village
    and Gram Panchayat - Salempur, P.O. - Nandlalpur, P.S. - Lalganj, Block-
    Vaishali, District- Vaishali at Hajipur.
13. Sarswati Devi, Wife of Anant Ram, House No. 71, resident of village and
    Gram Panchayat - Salempur, P.O. - Nandlalpur, P.S. - Lalganj, Block-
    Vaishali, District- Vaishali at Hajipur.
14. Vickey Kumar, Son of - Bangali Ram, House No. 71, resident of village and
    Gram Panchayat - Salempur, P.O. - Nandlalpur, P.S. - Lalganj, Block-
    Vaishali, District- Vaishali at Hajipur.
15. Rajesh Ram, Son of- Bangali Ram, House No. 72, resident of village and
    Gram Panchayat - Salempur, P.O. - Nandlalpur, P.S. - Lalganj, Block-
    Vaishali, District- Vaishali at Hajipur.
16. Pappu Kumar, Son of - Bangali Ram, House No. 72, resident of village and
    Gram Panchayat - Salempur, P.O. - Nandlalpur, P.S. - Lalganj, Block-
    Vaishali, District- Vaishali at Hajipur.

                                                                   ... ... Respondent/s
         Patna High Court CWJC No.7048 of 2025(2) dt.16-03-2026
                                                     2/3




                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Mukul Sinha, Advocate
                 For the State           :        Mr. Vipin Kumar Singh, AC to SC 22
                 For the BMVM            :        Mr. Ranjeet Kumar Pandey, Advocate
                 For the Resp. No. 7     ;        Mr. Ram Shankar Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   16-03-2026                     Heard learned counsel for the petitioner, learned

                   counsel for the State, learned counsel for the Bihar Mahadalit

                   Vikas Mission (who was present in Court at the time of hearing)

                   and learned counsel for respondent No. 7.

                                2. Learned counsel for the petitioner submits that the

                   order dated 08.04.2023, passed by the Collector, Vaishali, in

                   Misc. Case No. 31/2018-19, has been challenged in this writ

                   petition. Counsel further submits that the matter relates to

                   Vikash Mitra. It is submitted that this is the second round of

                   litigation, as the petitioner had earlier approached this Hon’ble

                   Court in CWJC No. 8557 of 2016, in which, vide order dated

                   15.03.2016, the matter was remanded to the Collector and

                   District Magistrate, Vaishali, at Hajipur, with a direction that if

                   the issue was still alive, the petitioner’s claim should be decided

                   in accordance with law. Counsel further submits that the

                   petitioner thereafter filed a representation before the Collector

                   and District Magistrate, Vaishali, at Hajipur, who, by order

                   dated 08.04.2023, rejected the petitioner’s claim. The said order
         Patna High Court CWJC No.7048 of 2025(2) dt.16-03-2026
                                                     3/3




                   of the Collector has been challenged in the present writ petition.

                               3. Learned counsel for the State raised a preliminary

                   objection and submits that the matter relates to the appointment

                   of Vikash Mitra. It is further submitted that in matters

                   concerning the appointment of Vikash Mitra, the appropriate

                   authority is the Bihar Mahadalit Vikas Mission, and the

                   petitioner has not made the Mission a party for reasons best

                   known to her. Counsel further submits that the said order passed

                   by the District Magistrate is appealable before the Bihar

                   Mahadalit Vikas Mission at the State level.

                               4. In view of the above, the present writ petition

                   stands disposed of, granting liberty to the petitioner to challenge

                   the said order dated 08.04.2023, passed by the Collector,

                   Vaishali, in Misc. Case No. 31/2018-19 before the Bihar

                   Mahadalit Vikas Mission within 30 days from today.



                                                                  (Dr. Anshuman, J.)

Aman Kumar/-

U

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