Vikas Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1198 of 2026 ====================================================== Vikas Kumar Son of Shri Raghuvir Lal Ram, Resident of Village- Rampur Bhikhanpura, P.O.- Basantpur, P.S- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary, Department of Panchayat Raj, Government of Bihar, Patna.
3.
The Director, Panchayat Raj Department, Government of Bihar, Patna. 4.
The District Magistrate, Muzaffarpur.
5.
The District Panchayat Raj Officer, Muzaffarpur. 6.
The Block Panchayat Raj Officer, Block- Marwan, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Girish Chandra Jha, Advocate For the Respondent/s :
Mr.Mukund Mohan Jha, AC to GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 03-02-2026 Heard learned counsel for the petitioner and learned counsel for the State.
2.The petitioner has filed the present writ petition seeking a direction upon the respondents to appoint him as Nyay Mitra in the Gram Katchahry, Shubhankarpur, Block-Marwan, District-Muzaffarpur. In the alternative, a direction has been sought to appoint/adjust the petitioner as Nyay Mitra in any other Gram Katchahry within Block-Marwan, DistrictMuzaffarpur.
3. Learned counsel for the petitioner submits that for redressal of his grievance, the petitioner has submitted
Patna High Court CWJC No.1198 of 2026 dt.03-02-2026 2/3 representations before the concerned authorities, but no action has been taken thereon.
4. Learned counsel for the State has raised a preliminary objection and submits that the grievance of the petitioner is governed by the Bihar Gram Katchahry Nyaya Mitra (Employment, Service Conditions and Duties) Rules, 2007, framed in exercise of powers conferred under Section 146 read with Section 94(2) of the Bihar Panchayat Raj Act, 2006 (Bihar Act 6 of 2006).
5. After hearing the parties and upon perusal of the Rule, it transpires to this Court that any complaint regarding engagement of a Nyay Mitra in the Gram Katchahry on contractual basis is required to be entertained by the concerned Sub-Divisional Magistrate within a period of 30 days from the date of such engagement, and upon refusal, an appeal lies before the concerned Divisional Commissioner within a further period of 30 days. In the present case, the petitioner has not availed the said statutory remedy by approaching the Sub-Divisional Magistrate within the prescribed period.
6. Accordingly, the writ petition is disposed of granting liberty to the petitioner to avail the alternative remedy by filing a complaint before the concerned Sub-Divisional
Patna High Court CWJC No.1198 of 2026 dt.03-02-2026 3/3 Magistrate within a period of 30 days from today. Upon issuance of notice and affording opportunity of hearing to all concerned, the Sub-Divisional Magistrate shall pass a reasoned order considering the merits and demerits of the case within a further period of 30 days. The said period of 30 days shall be counted from the date of appearance of all concerned parties.
7. With the aforesaid observations and directions, the present writ petition stands disposed of.
(Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 05/02/2026 Transmission Date NA