Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.440 of 2022 ====================================================== Ashok Kumar Son of Tentu Ram Resident of Village- Jharka, Police StationPipra, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Secretary, SC/ST Welfare Department, Govt. of Bihar, Patna.

2.

The Mission Director/Assistant Mission Director Bihar Maha Dalit Vikash Mission C.M. Secretariate, 4.K.G. Desh Ratan Marg, Patna. 3.

The District Magistrate Supaul.

4.

The District Welfare Officer Supaul.

5.

The Sub Divisional Magistrate Supaul District- Supaul. 6.

The Block Development Officer Block- Pipra, District- Supaul. 7.

The Mukhiya cum Chairman Selection Committee, Vikash Mitra Gram Panchayat Rataul, Police Station- Pipra, District- Supaul. 8.

The Secretary Gram Panchayat Ratauli, Police Station- Pipra, DistrictSupaul. 9.

Nitesh Saha Son of Lalit Sada Resident of Village- Ratauli, Police StationPipra, District- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Siya Ram Shahi, Adv.

Mr. Naresh Kumar Mehta, Adv.

For the State :

Mr. Gyan Prakash Ojha (GA-7) For the B.M.V.M.

:

Mr. Ranjeet Kumar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 13-07-2026 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar Mahadalit Vikash Mission (in short 'B.M.V.M.').

2. The present writ petition has been filed for cancellation of the appointment of Private Respondent no. 9, who is appointed as Vikash Mitra in Gram Panchayat- Ratauli, Block- Pipra, District- Supaul and his appointment has been

Patna High Court CWJC No.440 of 2022 dt.13-07-2026 2/3 made ignoring the prescribed criteria for appointment of Vikash Mitra.

3. Learned counsel for the petitioner fairly submits that the petitioner has earlier moved before this Hon'ble Court in C.W.J.C. No. 11122 of 2017 which was disposed of vide order dated 17.04.2018 with a direction to the petitioner to file a representation within a period of two weeks before the District Magistrate, Supaul and the District Magistrate, Supaul was directed to dispose of the same within a period of four weeks thereafter. Counsel submits that thereafter, he has filed representation and his representation was disposed of and communication has been made vide Annexure-8 contained in Letter No. 16-2 dated 04.01.2021. Thereafter, the petitioner has filed the present writ petition. Counsel further submits that vide order dated 15.06.2026, three weeks' time was granted to him to take appropriate steps challenging the order dated 04.01.2021 which is annexed as Annexure-8.

4. Learned counsel appearing for Bihar Mahadalit Vikash Mission (in short 'B.M.V.M.') submits that under the selection guideline of Vikash Mitra, the ultimate authority is the Bihar Mahadalit Vikash Mission and the remedy available to the petitioner under the said selection guideline to challenge

Patna High Court CWJC No.440 of 2022 dt.13-07-2026 3/3 Annexure-8 lies before the Bihar Mahadalit Vikash Mission, which he has not challenged and moved directly before this Hon'ble Court.

5. After hearing the parties and upon perusal of clause-xii of the Bihar Vikash Mitra selection guideline, it transpires that power is embedded in Bihar Mahadalit Vikash Mission to entertain the grievance of the petitioner against the decision of the S.D.O. dated 04.01.2021 i.e. Annexure-8.

6. In light of the submissions made and upon perusal of clause-xii of the Bihar Vikash Mitra selection guideline, this writ petition stands disposed off with liberty to the petitioner to avail his remedy by filing application challenging the Annexure-8 i.e. order dated 04.01.2021 before the Bihar Mahadalit Vikash Mission (respondent no. 2) within 30 days from today along with a copy of this order and the Bihar Mahadalit Vikash Mission is directed to pass a reasoned and speaking order within 90 days thereafter. (Dr. Anshuman, J) Divyansh/- AFR/NAFR CAV DATE NA Uploading Date 13/07/2026 Transmission Date NA