Patna High Court
Lakshmi KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The order of the Collector, Bhagalpur, is appealable to the Director, Bihar Mahadalit Vikas Mission and therefore not subject to writ jurisdiction, leading to dismissal of the petition.
Summary
Lakshmi Kumari, widow of a Mahadalit employee, filed a writ petition challenging a series of administrative orders that excluded her from selection and withheld her salary under the Bihar Mahadalit Vikas Mission. She sought certiorari to quash the Deputy Development Commissioner’s recommendation, a letter barring her selection, and a later order rejecting her claim, as well as mandamus for payment of salary. The court observed that the petitioner had already approached the Director of the Bihar Mahadalit Vikas Mission, which remanded the matter to the Collector, who decided it on merit. The High Court held that the Collector’s order is appealable to the Director and is not subject to writ jurisdiction. Consequently, the petition was dismissed and the petitioner was directed to file an appeal before the Director within the stipulated time.
Issues considered
- Whether the order of the Collector, Bhagalpur, is amenable to writ jurisdiction under Article 226 of the Constitution.
- Whether the petitioner can bypass the statutory appellate remedy and approach the High Court directly.
- Whether the earlier administrative recommendations and letters can be quashed by a writ of certiorari.
Subjects
- writ jurisdiction
- certiorari
- mandamus
- Mahadalit Vikas Mission
- SC/ST welfare
- administrative law
- appeal
- salary arrears
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8495 of 2022
======================================================
Lakshmi Kumari Wife of Late Ram Vilash Harijan, Resident of Village-
Ratanganj, Police Station-Gopalpur, District-Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar through its Project Director, SC and ST Welfare
Department, Government of Bihar, Patna.
2. The District Magistrate, Bhagalpur in the District of Bhagalpur.
3. The Deputy Development Commissioner, Bhagalpur in the District-
Bhagalpur.
4. The District Project Officer-Cum-District Welfare Officer, Bhagalpur in the
District of Bhagalpur.
5. The Sub-Divisional Officer, Naugachia, in the District of Bhagalpur.
6. The Block Development Officer, Gopalpur Block, in the District of
Bhagalpur.
7. The Child Development Project Officer, Gopalpur Block, in the District of
Bhagalpur.
8. Srimati Savita Devi Wife of Umesh Harihan Resident of Village-Ratanganj,
Post Office-Gopalpur, Police Station-Gopalpur, District-Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Respondent/s : Mr. S.K. Mandal (SC-3)
Mr. Bipin Kumar, AC to SC-3
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 30-01-2026
Heard learned Counsel for the petitioner and
learned Counsel for the State.
2. The present writ petition has been filed with
the following reliefs:-
“I. For issuance of an
appropriate writ in the nature of
Patna High Court CWJC No.8495 of 2022 dt.30-01-2026
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certiorari for quashing the
recommendation of Deputy
Development Commissioner,
Bhagalpur dated 28.12.2020 upon
File No. XXXIV-06/17, TI/Page No. 44
and it's deemed to be approval dated
30.12.2020 by the District Magistrate,
Bhagalpur without accorded any
noting.
II. For issuance of an
appropriate writ in the nature of
certiorari for quashing the letter
dated 05.01.2021, under Memo No.
22, issued under the signature of
District Project officer-Cum-District
Welfare Officer, Bhagalpur, by which
petitioner has been free from selection
with effect from 23.03.2017.
III. For issuance of an
appropriate writ in the nature of
certiorari for setting aside the order
dated 02.05.2022, under Memo No.
968, issued under the signature of
District Officer, Bhagalpur by which
claim of the petitioner has been
rejected holding earlier decision of
collector not required any
interference.
IV. For a direction in the
nature of mandamus to pay the due
Patna High Court CWJC No.8495 of 2022 dt.30-01-2026
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salary/ remuneration 23.03.2017 to
05.01.2021.
V. For issuance of an
appropriate writ / writs /direction /
directions to keep a post vacant
subject to result of the present writ
application.
VI. For any other relief /
reliefs under the law and facts and
circumstances of the case.”
3. Learned Counsel for the petitioner specifically
submits that the petitioner has earlier moved before Director,
Bihar Mahadalit Vikas Mission and the Director, Bihar
Mahadalit Vikas Mission vide its memo No.824 dated
19.07.2021 has referred the matter before the District
Magistrate, Bhagalpur, for passing order. The District
Magistrate, Bagalpur, has passed the order contained in memo
No.968 dated 02.05.2022 and thereafter petitioner has moved
before this Hon’ble Court and submits that since petitioner has
earlier moved before the Director, Bihar Mahadalit Vikas
Mission, therefore, he has come directly before this Hon’ble
Court.
4. Learned Counsel for the State, on the other hand,
submits that the order passed by the District Magistrate,
Bhagalpur, is appealable before the Director, Bihar Mahadalit
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Vikas Mission and the decision of Director, Bihar Mahadalit
Vikas Mission shall be final.
5. Admittedly, the petitioner has moved earlier before
the Director, Bihar Mahadalit Vikas Mission, who has
remanded back the matter before the Collector, Bhagalpur, and
Collector, Bhagalpur, has decided this case on merit considering
all aspects of the matter.
6. In that view of the matter, this Court is of the firm
view that the order passed by the Collector, Bhagalpur, is
appealable before the Director, Bihar Mahadalit Vikas Mission
for considering the merit or demerit of the case.
7. As such, the present writ petition is hereby disposed
off directing the petitioner to move before the Bihar Mahadalit
Vikas Mission challenging the order of the Collector, Bhagalpur,
dated 02.05.2022 according to Clause XII the Vikas Mitra
Chayan Margdarshika, which states as follows:
“XII. fcgkj egknfyr fodkl fe”ku
p;u dh laiw.kZ izfØ;k fcgkj egknfyr fodkl
fe”ku ds ekxZn”kZu] i;Zos{k.k esa dk;kZfUor dh tk,xhA
p;u izfØ;k lacaf?k vfu;ferrk dh tkWp ftyk
inkf/kdkjh@fe”ku ds inkf/kdkjh }kjk dh tk;sxhA ftyk
inkf/kdkjh@fe”ku ds inkf/kdkjh leqfpr tkWp dj fu.kZ; ysxsA
ftyk inkf/kdkjh@fe”ku ds inkf/kdkjh dh tkWp ds fo:)]
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vihy fcgkj egknfyr fodkl fe”ku ds jkT; fe”ku dk;kZy;
dks dh tk ldrh gSA fcgkj egknfyr fodkl fe”ku dk fu.kZ;
vafre gksxkA
uksMy inkf/kdkjh ¼ftyk ifj;kstuk inkf/kdkjh½
losZ{k.k] izkIr vkosnu i=ksa dh lwph] izkIrkad ,oa izfr”kr ds lkFk
es/kk lwph] p;fur fodkl fe=ksa dh lwph] fu;kstu i= dh
lkW¶VdkWih (Soft Copy)] fcgkj egknfyr fodkl fe”ku dks
lefiZr djsaxsA”
8. Director, Bihar Mahadalit Vikas Mission is directed
to pass order within 90 days upon filing the appeal, if petitioner
prefer the appeal within 30 days from today. The time for 90
days shall be counted from the date of completion of appearance
of all concerned.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.02.2026
Transmission Date
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