Manibhushan Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12520 of 2025 ====================================================== Manibhushan Bharti, Son of Bindeshwar Ram, Resident of village- Bauraha, Ward No.- 11, P.S.- Kisanpur, District - Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary Home, Govt. of Bihar. 2.

The Secretary, Department of Panchayati Raj, Bihar, Patna. 3.

The District Magistrate, Supaul.

4.

The Panchayat Raj Officer, Supaul.

5.

The Sub Divisional Officer, Sadar, Supaul.

6.

The Block Development Officer, Kishanpur, Supaul. 7.

The Sarpanch Gram Panchayat Barauha, Block- Kishanpur, District - Supaul.

8.

The Up -Sarpanch Gram Panchayat Barauha, Block - Kishanpur, District - Supaul.

9.

Anupam Priya, Gram Kachahari Sachiv, Panchayat - Bauraha, Block - Kishanpur, District - Supaul.

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Respondent/s :

Mr.Government Pleader (14) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondent.

2. In the present writ application, the petitioner has prayed for grant of following relief :- (I) For issuance of an appropriate writ in the nature of certiorari for setting aside the order dated 21.03.2023 passed in Memo No. 178 order passed by Sarpanch Gram Panchayat Bauraha whereby where under he terminated the petitioner from the post of Gram Kachahari Sachiv illegally & without jurisdiction. (ii) For issuance of an appropriate writ in the nature of Mandamus for direction the Respondents to reinstate the petitioner on his post of Gram Kachahari Sachiv by terminating the Newly appointed private Resp. No. 9 who has been appointed on the place of this petitioner

Patna High Court CWJC No.12520 of 2025(2) dt.08-09-2025 2/2 illegally by the respondents.

(iii) For issuance of writ in nature of mandamus for direction to the respondent to pay the remuneration amount to the petitioner since February 2022. (iv) For issuance of any other relief / reliefs which may be deemed fit and proper by this Hon'ble court.

3. From the relief claimed by the petitioner, it is clear that the petitioner has challenged the order dated 21.03.2023 by which the services have been terminated. However, against the said order, the petitioner has filed this writ application after more than two years of delay for which there is no explanation given in the writ application.

4. As against the order of termination, the petitioner also had a remedy of appeal under Rule 13 of Bihar Gram Kachari Secretary (Employment, Service Conditions and Duties) Rules, 2014 before the District, Panchayat Raj Officer but the petitioner did not prefer the said appeal and has straightway rushed to this Court that also after inordinate delay of two years.

5. In view of the above facts and circumstances, the present writ application is dismissed for delay and laches. (Alok Kumar Sinha, J) sanjeev/- U