Patna High Court
Santosh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The High Court held that the District Magistrate, Darbhanga, as the Second Appellate Authority, is the proper forum to decide the dispute and therefore the writ petition was disposed.
Summary
The petitioner, Santosh Kumar Yadav, challenged an order dated 29.03.2025 issued by the Additional District Magistrate‑cum‑First Appellate Authority directing a re‑held Gram Sabha for the selection of a Sanitation Supervisor. The State argued that the petitioner should have preferred an appeal to the Second Appellate Authority (District Magistrate, Darbhanga) within 30 days instead of filing a writ petition. The Court observed that the District Magistrate is the competent authority to decide the dispute and, owing to the pendency of the writ petition, refrained from deciding the merits. Consequently, the High Court disposed of the writ petition, granting liberty to both parties to approach the District Magistrate within 90 days for a final order. The order of the First Appellate Authority remains pending before the appropriate appellate forum.
Issues considered
- Whether the petitioner is required to prefer an appeal to the Second Appellate Authority before approaching the High Court by way of a writ petition.
- Whether the order dated 29.03.2025 passed by the Additional District Magistrate‑cum‑First Appellate Authority is maintainable before the High Court.
- Whether the High Court should entertain the writ petition or remit the matter to the appropriate appellate authority.
Subjects
- writ petition
- certiorari
- administrative law
- panchayat raj
- selection of sanitation supervisor
- appellate authority
- jurisdiction
- priority hearing
- infructuous
- disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8395 of 2025
======================================================
Santosh Kumar Yadav Son of Siyaram Yadav, resident of village - Rampur,
Post - Bahuarba, Police Station- Manigachhi, District - Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Panchayat Raj
Department, Government of Bihar, Patna - 800015.
2. The Principal Secretary, Panchayat Raj Department, Government of Bihar,
Patna- 800015.
3. The District Magistrate, Darbhanga.
4. The District Panchayat Raj Officer, Darbhanga.
5. The Additional District Magistrate, Darbhanga.
6. The Sub-Divisional Officer-cum-Public Grievance Redressal Authority,
Sadar Darbhanga.
7. The Block Development Officer, Manigachhi, District- Darbhanga.
8. The Panchayat Secretary, Gram Panchayat Raj Katma Bahuarba, Block -
Manigachhi, District - Darbhanga.
9. The Mukhiya, Gram Panchayat Raj, Katma, Bahuarba, Block - Manigachhi,
District - Darbhanga.
10. Ranjana Jha, Wife of Hareram Jha, resident of village- Bahuarba, Police
Station- Manigachhi, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. L.K. Yadav, Advocate
Mr. Prabhu Narayan, Advocate
For the State : Mr. Harun Quareshi, AC to SC-1
For the Resp. No. 10 : Mr. Kripa Nand Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioner, learned
counsel for the State, and learned counsel for respondent No.
10, who appeared suo motu in this case and filed I.A. No. 01 of
2026.
Re: I.A. No. 01 of 2026
Patna High Court CWJC No.8395 of 2025(2) dt.23-04-2026
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2. The present I.A. No. 01 of 2026 has been filed by
private respondent No. 10 for hearing on a priority basis.
3. Learned counsel for respondent No. 10 submits
that, since the hearing is going on today itself, I.A. No. 01 of
2026 has become infructuous and he is not pressing the same.
4. Accordingly, I.A. No. 01 of 2026 hereby stands
dismissed as having become infructuous.
Re: CWJC No. 8398 of 2025
5. The present writ petition has been filed for the
following reliefs:-
(i) For issuance of an order,
direction or writ in the nature of
CERTIORARI for quashing order dated
29.03.2025 (Annexure-5) passed by
Additional District Magistrate-cum-First
Appellate Authority, District- Darbhanga in
vide No. 999990121124518868/1A dated
20.02.2025 whereby and whereunder the
direction has been given to Public Authority
Block Development Officer to hold Gram
Sabha again in his observation and selection
of Sanitation Supervisor should be done,
observing concerned provisions giving
Public Notice including notice to Applicant
of Gram Panchayat Raj, Katma, Bahuarwa.
Block- Manigachhi, District- Darbhanga.
Patna High Court CWJC No.8395 of 2025(2) dt.23-04-2026
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(ii) For issuance of an order
direction to declare that the order dated
31.01.2025 passed by Sub- Divisonal Public
Grievance Redressal Officer, Darbhanga,
whereby and whereunder it has been held
that selection of petitioner has been done on
the basis of unanimous decision of the Gram
Sabha wherein petitioner has been found
most competent candidate among all
applicants. The Gram Sabha has been held
on dated 15.08.2024.
(iii) For issuance of an order,
direction for declaration that selection of
petitioner on the post of Sanitation
Supervisor by Mukhiya/Panchayat Secretary,
Gram Panchayat Raj, Katma, Bahuarwa by
holding Gram Sabha on dated 15.08.2024 is
correct and in accordance with concerned
provisions.
(iv) For further issuance of an
order, direction to concerned respondents to
let petitioner continue on the post of
Sanitation Supervisor under Gram
Panchayat Raj, Katma, Bahuarwar, Block-
Manigachhi, District- Darbhanga.
(v) For any other relief or reliefs
for which petitioner may be found entitled in
the facts and circumstances of the case.
6. Learned counsel for the State raises a preliminary
Patna High Court CWJC No.8395 of 2025(2) dt.23-04-2026
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objection and submits that the order under challenge dated
29.03.2025 (Annexure-5) was passed by the Additional District
Magistrate-cum-First Appellate Authority, District Darbhanga,
on 20.02.2025. Counsel submits that, in the said impugned
order, it is already indicated in the last two lines that a person
aggrieved by the order passed by the First Appellate Authority
shall prefer an appeal within 30 days before the Second
Appellate Authority, i.e., the District Magistrate, Darbhanga-
cum-Second Appellate Authority. Counsel further submits that,
instead of challenging the said order before the Second
Appellate Authority, the petitioner has preferred the present writ
petition directly.
7. Learned counsel for private respondent No. 10
submits that respondent No. 10 has moved before the Second
Appellate Authority, but the Second Appellate Authority has not
passed any order on merit, on the ground that the present writ
petition, i.e., CWJC No. 8398 of 2025, is still pending before
Hon’ble High Court.
8. In light of the submissions made above, it
transpires to this Court that the District Magistrate, Darbhanga-
cum-Second Appellate Authority is the competent authority to
decide the dispute at this juncture, but, due to the pendency of
Patna High Court CWJC No.8395 of 2025(2) dt.23-04-2026
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the present writ petition, he has restrained himself from passing
any order on merits. It is for this reason, the present writ petition
stands disposed of, granting liberty to the petitioner as well as
private respondent No. 10 to present this order before the
District Magistrate, Darbhanga-cum-Second Appellate
Authority, who shall pass order on merits, after hearing both the
petitioner and respondent No. 10, within 90 days from the date
of production of this order.
9. It is made clear that the said period of 90 days shall
be counted from the date of completion of appearance of all the
parties. The order shall be passed in the pending appeal, if any,
challenging the order passed by the First Appellate Authority,
which is impugned herein dated 29.03.2025 (Annexure-5)
passed by Additional District Magistrate-cum-First Appellate
Authority, District- Darbhanga.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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