Jay Prakash Prabhakar vs The State Of Bihar on 15 July, 2025

Patna High Court

Jay Prakash Prabhakar vs The State Of Bihar on 15 July, 2025

Author: Anshuman

Bench: Anshuman

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.10719 of 2025
     ======================================================
     Jay Prakash Prabhakar S/o Gopal Krishna Sinha, R/o Nonhar, PO- Nonhar,
     PS- Surya Pura, Dist- Rohtas, Bihar- 802212.

                                                                   ... ... Petitioner/s
                                         Versus

1.   The State of Bihar through The Principal Secretary, Department of
     Panchayat Raj, Government of Bihar, Patna.
2.   The Director General of Police, Bihar, Patna.
3.   The Principal Secretary, Department of Panchayat Raj, Government of
     Bihar, Patna.
4.   The Director, Department of Panchayat Raj, Government of Bihar, Patna.
5.   The District Magistrate, Distt- Rohtas at Sasaram.
6.   The Superintendent of Police, District- Rohtas.
7.   The District Panchayati Raj Officer, Distt- Rohtas at Sasaram.
8.   The Block Development Officer, Block- Dawath, Distt- Rohtas.
9.   The Gram Kachahri Dawath, Distt- Rohtas through its Secretary.
10. The Secretary, Gram Kachahri Dawath, Distt- Rohtas.
11. The Sarpanch, Gram Kachahri, Dawath, Distt- Rohatas.
12. The SHO, Surya Pura, District- Rohtas

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        Mr. Dhananjay Kumar, Advocate
     For the Respondent/s   :        Mr. Additional Advocate General (13)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT

Date : 15-07-2025

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
appropriate writ in the nature of mandamus
Patna High Court CWJC No.10719 of 2025 dt.15-07-2025
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to declare the petitioner as successful
candidate in the final result for
“Empanelment of Nyay Mitra In Gram
Katchahry, Dawath, Dist- Rohtas” and give
joining for the said post.

II. For issuance of appropriate
writ in the nature mandamus to
superintendent of Police, Rohtas to issue
fresh character certificate and after that
respondent authorities may be directed to
give joining to the petitioner on the post of
Nyaymitra In Gram Katchahry, Dawath,
Dist- Rohtas.

III. For any other relief or
reliefs for which petitioner is entitled for.”

3. Learned Counsel for the State raised

preliminary objection and submits that the matter is relating to

the appointment of Nyaymitra in Gram Katchahry and for

appointment of Nyaymitra, there is a forum in the said Rule. It

is due to this reason, he submits that this writ petition is not

maintainable.

4. Upon perusal of the Bihar Gram Katchahry

Nyay Mitra (Employment, Service Conditions and Duties)

Rules, 2007, which has been notified by the Government of

Bihar, Panchayati Raj Department, Notification No.1338/Patna

dated 23.08.2008, whose Rules 12 and 13 States as follows:-

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“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 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.

13. Appeal.- Any appeal
against the decision of Sub-Divisional
Magistrate may be filed before the District
Magistrate concerned within thirty days from
taking such decision, hearing of which shall
be made by District Magistrate or an officer
equivalent to the rank of Additional District
Magistrate authorised by him. Order shall be
passed after the hearing is completed.”

5. It transpires to this Court that liberty for which

the petitioner has moved here is available to him by way of

filing complaint before the Sub-Divisional Magistrate,

Bikramganj, Rohtas, under Rule 12 of the Bihar Gram

Katchahry Nyay Mitra (Employment, Service Conditions and

Duties) Rules, 2007.

6. In this view of the matter, this writ petition is
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disposed off granting liberty to the petitioner to avail his remedy

under Rule 12 by way of filing complaint before the Sub-

Divisional Magistrate, Bikramganj, Rohtas, within 30 days from

today.

7. It is made clear that delay, if any, in filing the

complaint is hereby directed to be condoned. The Sub-

Divisional Magistrate, Bikramganj, Rohtas, shall pass order on

the complaint of the petitioner within 30 days from the date of

appearance of all concerned.

(Dr. Anshuman, J)
Mkr./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.07.2025
Transmission Date