Birendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4085 of 2025 ====================================================== Birendra Prasad Yadav son of Late Shiv Janam Prasad Yadav, resident of Village- Dhamar, P.O- Dhamar, P.S- Ara Muffasil, District- Bhojpur, at Ara. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna 2.

The Director, Panchyayati Raj Department, Government of Bihar, Patna. 3.

The District Magistrate, Ara, Bhojpur.

4.

The District Panchayati Raj Officer, Ara, Bhojpur. 5.

The Sub. Divisional Magistrate, Ara, Bhojpur. 6.

The Block Development Officer, Ara, Bhojpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Sunita Kumari, Advocate For the Respondent/s :

Mr. Standing Counsel (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-03-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that the petitioner is currently working in the position of Nayay Mitra at Panchayat Dhamar, Block-Ara, Bhojpur. However, despite this, the process for the appointment of a Nayay Mitra has been initiated. He further submits that the petitioner has filed a representation before the Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna (as contained in Annexure P/3), but no action has been taken.

3. Learned counsel for the State, on the other hand,

Patna High Court CWJC No.4085 of 2025(2) dt.18-03-2025 2/2 submits that a counter affidavit has been filed, and he has received oral information from the District Panchayati Raj Officer, Ara, Bhojpur, stating that the petitioner has not been functioning as Nayay Mitra since 21.08.2016.

4. This Court, upon hearing the parties, is of the view that the petitioner's representation is pending before the Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna (as contained in Annexure P/3), and no decision has yet been made. Therefore, the petitioner is hereby directed to file a fresh representation before respondent No. 2, namely the Director, Panchayati Raj Department, Government of Bihar, Patna, within 30 days from today. The Director, Panchayati Raj Department, Government of Bihar, Patna after hearing the petitioner and the District Panchayati Raj Officer, Ara, Bhojpur, shall pass a reasoned and speaking order on the petitioner's representation within 60 days after the appearance of all concerned.

5. With the aforesaid observation and direction, the writ petition stands disposed off.

(Dr. Anshuman, J) Ashwini/- U