Jay Prakash Prabhakar v. The State Of Bihar

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

2/4 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:-

3/4 "12.

Complaint.-Any complaint regarding employment of Nyaya Mitra of Gram Katchahry on contract basis may be filed before the concerned SubDivisional Magistrate within 30 (thirty) days of such employment under these Rules, SubDivisional 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

4/4 disposed off granting liberty to the petitioner to avail his remedy under Rule 12 by way of filing complaint before the SubDivisional 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 SubDivisional 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