Jagannath Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.495 of 2024 ====================================================== Jagannath Choudhary Son of Late Munni Lal Choudhary, Resident of VillagePadrauna, P.O. Hardiya, Via- Barhariya, District- Siwan. ... ... Petitioner/s
Versus
1.
The State of Bihar through Additional Chief Secretary, Panchayati Raj Department, Bihar.
2.
The Commissioner, Saran Division, Chhapra.
3.
The District Magistrate-Cum Collector, Siwan. 4.
The District Panchayati Raj Officer, Siwan.
5.
The Sub-Divisional Magistrate (SDM), Maharajganj - Sub Division, District- Siwan-cum- District Public Grievance Officer, Siwan. 6.
The Block Development Officer (BDO), Block-Goriyakothi, Siwan. 7.
Prafulla Rajan, Son of Dr Ramesh Singh, R/o Village and P.O.- Kala Dumra, Block- Goriyakothi, District- Siwan.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hitesh Suman, Adv.
For the Respondent/s :
Mr.Rajat Kumar Tiwary, AC to SC24 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-02-2026 Heard Learned Counsel for the petitioner and Learned Counsel for the State.
2. Learned Counsel for the petitioner submits that the present writ petition has been filed with the following reliefs:- a) Issuance of writ/ writs, order/ orders, direction/directions in the nature of writ of Certiorari for quashing order dated 07-06-2023, passed by Additional Chief secretary, Panchayati Raj department, state of Biharcum-Second Appellate Authority against the petitioner withouta) Issuance of writ/ writs, order/ orders, direction/directions in the nature of writ of Certiorari for quashing order dated 07-06-2023, passed by Additional
Patna High Court CWJC No.495 of 2024(3) dt.02-02-2026 2/3 Chief secretary, Panchayati Raj department, state of Biharcum-Second Appellate Authority against the petitioner without providing opportunity of hearing to petitioner. b) Issuance of writ in the nature of Certiorari for quashing letter no 172 dated 18-10-2023 passed by Block Development Officer, Goriyakothi (Respondent No-6) where by and where under the petitioner has been directed to deposit rupees 5,51,218(Rs Five Lakhs Fift one ₹ thousand two hundred eighteen rupees) in Nazarat Office Goriyakothi block otherwise certificate proceeding will be initiated against the petitioner without issuance of notice to petitioner and in complete violation of principle of natural justice.
c) Issuance of writ/writs order/orders in the nature of Mandamus directing the respondents not to take any action in pursuance of order dated 07-06 -2023, passed by Additional Chief secretary, Panchayati Raj department, state of Bihar-cum-Second Appellate Authority and order passed by respondent no.6 for recovery of aforementioned amount, as the order has been passed in complete violation of principle of natural justice without issuing any notice to petitioner and without hearing him.
3. Counsel for the petitioner further submits that the petitioner has challenged the original as well as appellate order passed under the Bihar Right to Public Grievance Redressal Act, 2015.
4. Counsel for the State raised preliminary objection and submits that the orders passed by the Original Authority and Appellate Authority are revisable under section 9 of the Bihar Right to Public Grievance Redressal Act, 2015. He further
Patna High Court CWJC No.495 of 2024(3) dt.02-02-2026 3/3 submits that inspite of challenging the order in the revision, he has come directly before this Court.
5. In the light of the submissions made, this Court is not inclined to interfere in the said orders, and hence, the present writ petition is hereby disposed of, granting liberty to the petitioner to avail his remedy by filing a revision case under section 9 of the Bihar Right to Public Grievance Redressal Act, 2015 before the Revisional Authority, who shall pass order within 90 days from the date of production of the revision case.
6. With the aforesaid directions and observations, the present writ application stands disposed off. (Dr. Anshuman, J) Prakashmani/- U