Manoj Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10922 of 2026 ====================================================== 1.

Manoj Pandit son of Late Chandreshwar Pandit, resident of Village and P.O. - Jamsinwan, P.S. - Gokhulpur, District - Nalanda. 2.

Desh Deepak, son of Late Bhuneshwar Prasad, resident of Village - Govindpur, P.O. - Barhog, P.S. - Bind, District - Nalanda. 3.

Chandeshwar Paswan, son of Late Siyasaran Paswan, resident of Village - Sathopur, P.O. - Maghra, P.S. - Deepnagar, District -Nalanda. 4.

Amresh Kumar Sinha, son of Late Basant Mahto, resident of VillageHanumannagar, P.O. and P.S. -Chandi, District-Nalanda. 5.

Sudhir Kumar, son of Late Sukhdev Prasad, resident of Village - Bank Colony, Mehrpar, P.O. - Bihar Sharif, P.S. - Laheri, District Nalanda. 6.

Pawan Kumar, son of Late Pran Pandit, resident of Village - Biyawani, P.O. - Maghra, P.S. - Deepnagar, District - Nalanda. 7.

Surendra Pandit, son of Sri Shanichar Pandit, resident of Village - Meghi, P.O. - Meghi, P.S. Deepnagar, District - Nalanda. 8.

Ramanand Prasad, son of Late Kishori Prasad, resident of Village - Nosra, P.O. Ganpura, P.S. Noorsarai, District - Nalanda. 9.

Umesh Chandra Sudhakar, son of Late Harihar Prasad, resident of Village - Lohrajpur, P.O. Katauna, P.S. Katarisarai, District Nalanda. 10.

Krishna Kant Mandal, son of Late Sukhnandan Sinha, resident of Village -Barah, P.O. - Barah, P.S. - Harnaut, District-Nalanda. 11.

Viresh Kumar Chaudhary, son of Sri Krishna Prasad Chaudhary, resident of Village - Makhdumpur, P.O. - Makhdumpur, P.S. - Ben, District - Nalanda. 12.

Suresh Prasad, son of Late Balgovind Prasad, resident of Village and P.O. and P.S. - Silaw, District - Nalanda.

13.

Vinodanand Vinod, son of Late Etwari Saw, resident of Village and P.O. - Kachhiawan, P.S. - Nagar Nausa, District - Nalanda. 14.

Desh Deepak Kumar, son of Late Chotan Paswan, resident of Village - Kishandevpur Bigha, P.O.-Badi Paithana, P.S. - Islampur, District - Nalanda. 15.

Anuj Lal Ravi, son of Sri Dayanand Das, resident of Village / Mohalla - Vishnupuri, P.O. - Anisabad, District - Patna. 16.

Durgesh Kumar, son of Sri Chandeshwar Prasad Singh, resident of Village and P.O. - Islampur, P.S. - Islampur, District - Nalanda. 17.

Brahmanand Prasad, son of Late Dayanand Prasad, resident of Village and P.O. -Utarthu, P.S. - Bind, District - Nalanda. 18.

Vishwanath Kumar, son of Sri Nawal Kishore Singh, resident of Village - Bago Bigha, P.O. - Silaunja, P.S. - Belaganj, District - Gaya. 19.

Sanjay Kumar, son of Late Yadu Mahto, resident of Village - Lakshmanpur, P.O. - Chanda, P.S. Bakhtiyarpur, District - Patna. 20.

Rohit Kumar, son of Sri Umesh Paswan, resident of Village - Sammaspur, P.O. and P.S. - Fatuha, District - Patna.

2/6 21.

Dilip Kumar, son of Late Ramnaresh Prasad Mandal, resident of Village - Kaushik Nagar, P.O. and P.S. - Hilsa, District-Nalanda. 22.

Shatrudhan Paswan, son of Sri Sahdev Paswan, resident of Village-Lahna, P.O. - Asthawan, District - Sheikhpura.

23.

Purushottam Kumar, son of Sri Bhubhneshwar Pandit, resident of Village and P.O. - Pratappur, P.S. - Halsi, District - Lakhisarai. 24.

Manoj Ranjan Kumar, son of Sri Mithilesh Sharma, resident of VillageRampur, P.O. - Takiya Karpi, P.S. - Mahkar, District - Gaya. 25.

Ashok Kumar, son of Sri Baliram Mistri, resident of Village and P.O.- Khanjhapur, P.S.-Buniyadganj, District-Gaya.

26.

Rahul Kumar Das, son of Sri Ramdev Das, resident of Village - Gosaigaon, P.O. - Dhanakdobh, P.S. - Ghoswari, District - Patna. 27.

Chandan Kumar, son of Sri Vinod Mehta, resident of Village and P.O. - Nadwan, P.S. - Barh, District - Patna.

28.

Manoranjan Kumar, son of Late Om Prakash Singh, resident of Village - Kasimpur Dadhi, P.O. and P.S. Athmalgola, District -Patna. 29.

Kaushalendra Kumar, son of Late Brahamdev Pandit, resident of Village - Patel Nagar, Gali No. 01, D.M. Colony, Bihar Sharif, P.S. - Laheri, District - Nalanda.

30.

Mahtab Hashmi, son of Late Sohaib Hashmi, resident of Village / Mohalla - Kagji Mohalla, Bihar Sharif, P.O. and P.S. -Bihar Sharif, District - Nalanda. 31.

Sudama Kewat, son of Sri Karu Kewat, resident of Village - Puraina, P.O. - Pathraita, P.S. - Korma, District - Sheikhpura. 32.

Surya Kant Chaturvedi, son of Late Radhey Kishore Upadhyay, resident of Village - Kheman Bigha, P.O. - Daha Bigha, P.S. -Hilsa, District - Nalanda. 33.

Manoj Kumar, son of Late Narendra Kumar, resident of Village - Manara, P.S. Noorsarai, District - Nalanda.

34.

Surya Kumar Rajak, son of Late Vishun Deo Rajak, resident of Village - Padariya, P.S. - Dhamaul, District - Nawada.

35.

Flendra Kumar, son of Sri Prabhakar Singh, resident of Village - Mohabbatpur, P.S. Shekhpura Sarai, District - Sheikhpura. 36.

Dheeraj Kumar Tiwari, son of Sri Ghanshyam Tiwari, resident of Village and P.O. - Eakuni, P.S. - Dumraon, District - Buxar. 37.

Mantu Kumar, son of Sri Umesh Ram, resident of Village - Kusadhi, P.O. - Purnadih, P.S. - Obra, District - Aurangabad. 38.

Aditya Kumar, son of Sri Umesh Ram, resident of Village - Mahkampur, P.O. - Vabhandev, P.S. Barachatti, District - Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Additional Chief Secretary -cum- Cadre Controlling Authority, Revenue and Land Reforms Department, Government of Bihar, Patna.

3/6 3.

The Additional Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

4.

The Director, Land Records and Survey Directorate, Revenue and Land Reforms Department, Government of Bihar, Patna. 5.

The District Magistrate-cum-Collector, District - Nalanda.. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Narain, Sr. Adv.

Mr.Bhola Kumar, Adv.

Mr.Akshansh Ankit, Adv.

For the Respondent/s :

Mr.Sarvesh Kumar, GP24 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 24-07-2026 Heard Mr. Rajendra Narain, Learned Senior counsel with Mr. Bhola Kumar, Adv. for the petitioners and Learned Counsel for the State.

2. Learned Senior counsel for the petitioners submits that the present writ petition has been filed with the following reliefs:- a) For issuance of a writ in the nature of Certiorari or any other appropriate writ, order or direction quashing the impugned transfer order bearing Memo No. 298(4) dated 14.07.2026, issued by the Respondent No. 3, insofar as it transfers the Petitioners to far-flung Districts, together with the consequence of deemed relieving with effect from 17.07.2026 flowing therefrom.

b) For issuance of a writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the Respondents to post the Petitioners belonging to the home District of Nalanda in a District in the vicinity of their home District in terms of the recorded decisions dated

4/6 02.06.2025 and 07.05.2026, and to leave the remaining Petitioners undisturbed at their present posting in the District of Nalanda.

c) For issuance of a writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the Respondents to consider and decide the separate representation dated 15.07.2026 of the Petitioner No. 1 and the joint representation dated 15.07.2026 of the Petitioners in accordance with law.

d) To stay the operation and effect of the impugned order dated 14.07.2026 insofar as it transfers the Petitioners, together with the consequence of deemed relieving with effect from 17.07.2026 flowing therefrom, and to direct that the Petitioners be permitted to continue at their present posting in the District of Nalanda and be paid their salary there, until the disposal of the writ application, during the pendency of the instant writ application.

e) To pass any other order/orders in shape of a consequential relief to which the Petitioners may be found to be legally entitled to in the facts and circumstances of the instant case at hand.

3. Learned Senior counsel for the petitioners submits that a new rule has been introduced on 3rd December, 2025, namely, Bihar Revenue Employees Cadre rules, 2025. Thereafter, the Secretary, Revenue and Land Reforms Department, Government of Bihar has issued a letter dated 07.05.2026 vide Annexure-P/3 of the writ petition in which he agreed that the petitioners' transfer shall be carried out in the adjacent 3 districts, but they had transferred the petitioners and

5/6 many others violating the said agreement, which is AnnexureP/3 dated 07.05.2026.

4. Learned Senior counsel further submits that the petitioners have filed their representation before the Additional Chief Secretary, Revenue and Land Reforms Department, but nothing happened on the same and they sat over the matter. It is due to this reason, the petitioners have moved before this Hon'ble Court in the present writ petition.

5. Learned Senior counsel further submits that the reasons best known to the Authorities, they are inclined for immediate transfer despite the fact that the Ministry of Home Affairs, Government of India, Directorate of Census Operation Bihar, has directed the Chief Secretary, Government of Bihar vide its letter dated 14.07.2026 that those persons involved in the work of census, may not be disturbed upto 31.03.2027, but ignoring the same, the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar has issued ratification order for transfer.

6. Learned counsel for the State seeks time to respond on the same.

7. Upon hearing the parties, this Court is of view that demanding counter-affidavit shall make unnecessary delay in

6/6 this matter as it transpires that the said transfer letters which have been challenged here vide Annexure-P/5 require immediate interference as it has been passed in the teeth of Annexure-P/3 as well as Annexure- P/9, P/10 & P/11 of the supplementary affidavit. It is due to this reason, this Court hereby directs the Additional Chief Secretary-cum-Cadre Controlling Authority, Revenue and Land Reforms Department, Government of Bihar (Respondent No.2) to take decision on the representation of the petitioners within 90 days from the date of production of the order.

8. It is made clear that till decision on the representation of the petitioners, the Memo No.298(4) dated 14.07.2026 issued by the Respondent No.3 (Annexure-5) shall remain stayed.

9. With the aforesaid directions and observations, the present writ application stands disposed off. (Dr. Anshuman, J) Prakashmani/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24/07/2026 Transmission Date NA