Kundan Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4164 of 2017 ====================================================== Kundan Kumari W/o - Shunil Kumar, Resident of Village- Laen, P.S.- Ghorasahan, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

Secretary, Department of Social Welfare, Government of Bihar, Patna. 3.

Assistant Director, Bihar Mahadalit Vikas Mission, 5th Floor, Bhoomi Vikas Bank, Budh Marg, Patna.

4.

Collector, East Champaran, Motihari.

5.

District Welfare Officer cum District Programme Officer, Mahadalit Vikas Mission, East Champaran, Motihari.

6.

Sub-Divisional Magistrate, Sikarahana, Dhakka, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Singh, Adv.

Mr. Deep Anshuman, Adv.

For the State :

Mr. Mithilesh Kumar Upadhyay, JC to GP- 3 For the BMVM :

Mr. Ranjeet Kumar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-03-2025 Learned Counsel for the petitioner, Learned Counsel for the State and Learned Counsel for the Bihar Mahadalit Vikas Mission are present.

2. The present writ petition has been filed for the following reliefs:- (i) A writ in the nature of a ceritorari or any other appropriate writ/writs, order/orders quashing the order dated 14.06.2013 as contained in Letter No.

43 issued from the office of respondent No. 5 as contained in Annexure-4 to the writ application.

Patna High Court CWJC No.4164 of 2017(4) dt.20-03-2025 2/2 (ii) A writ in the nature of a mandamus or any other appropriate writs, order/orders, directing the respondents to pay due salary of the petitioner for which work has been taken from him.

(iii) To any other relief/reliefs to which the petitioner may be found to be legally entitled too.

3. Learned Counsel for the State raised preliminary objection and submits that according to the Vikash Mitra Chayan Margdarsika, an alternative remedy is available to the petitioner to move before the Bihar Mahadalit Vikas Mission.

4. In this view of the matter, the present writ petition stands disposed off, directing the petitioner to avail the remedy before the Bihar Mahadalit Vikas Mission by filing an application, along with a copy of the order passed by this Hon'ble Court within 30 days from today. The concerned authority shall entertain the petitioner's application within 90 days thereafter. Any delay in filing the application is directed to be condoned.

(Dr. Anshuman, J.) Aman Kumar/- U