IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8495 of 2022 ====================================================== Lakshmi Kumari Wife of Late Ram Vilash Harijan, Resident of Village- Ratanganj, Police Station-Gopalpur, District-Bhagalpur ... ... Petitioner/s Versus 1. The State of Bihar through its Project Director, SC and ST Welfare Department, Government of Bihar, Patna. 2. The District Magistrate, Bhagalpur in the District of Bhagalpur. 3. The Deputy Development Commissioner, Bhagalpur in the District- Bhagalpur. 4. The District Project Officer-Cum-District Welfare Officer, Bhagalpur in the District of Bhagalpur. 5. The Sub-Divisional Officer, Naugachia, in the District of Bhagalpur. 6. The Block Development Officer, Gopalpur Block, in the District of Bhagalpur. 7. The Child Development Project Officer, Gopalpur Block, in the District of Bhagalpur. 8. Srimati Savita Devi Wife of Umesh Harihan Resident of Village-Ratanganj, Post Office-Gopalpur, Police Station-Gopalpur, District-Bhagalpur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Respondent/s : Mr. S.K. Mandal (SC-3) Mr. Bipin Kumar, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 30-01-2026 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 an appropriate writ in the nature of Patna High Court CWJC No.8495 of 2022 dt.30-01-2026 2/5 certiorari for quashing the recommendation of Deputy Development Commissioner, Bhagalpur dated 28.12.2020 upon File No. XXXIV-06/17, TI/Page No. 44 and it's deemed to be approval dated 30.12.2020 by the District Magistrate, Bhagalpur without accorded any noting. II. For issuance of an appropriate writ in the nature of certiorari for quashing the letter dated 05.01.2021, under Memo No. 22, issued under the signature of District Project officer-Cum-District Welfare Officer, Bhagalpur, by which petitioner has been free from selection with effect from 23.03.2017. III. For issuance of an appropriate writ in the nature of certiorari for setting aside the order dated 02.05.2022, under Memo No. 968, issued under the signature of District Officer, Bhagalpur by which claim of the petitioner has been rejected holding earlier decision of collector not required any interference. IV. For a direction in the nature of mandamus to pay the due Patna High Court CWJC No.8495 of 2022 dt.30-01-2026 3/5 salary/ remuneration 23.03.2017 to 05.01.2021. V. For issuance of an appropriate writ / writs /direction / directions to keep a post vacant subject to result of the present writ application. VI. For any other relief / reliefs under the law and facts and circumstances of the case.” 3. Learned Counsel for the petitioner specifically submits that the petitioner has earlier moved before Director, Bihar Mahadalit Vikas Mission and the Director, Bihar Mahadalit Vikas Mission vide its memo No.824 dated 19.07.2021 has referred the matter before the District Magistrate, Bhagalpur, for passing order. The District Magistrate, Bagalpur, has passed the order contained in memo No.968 dated 02.05.2022 and thereafter petitioner has moved before this Hon’ble Court and submits that since petitioner has earlier moved before the Director, Bihar Mahadalit Vikas Mission, therefore, he has come directly before this Hon’ble Court. 4. Learned Counsel for the State, on the other hand, submits that the order passed by the District Magistrate, Bhagalpur, is appealable before the Director, Bihar Mahadalit Patna High Court CWJC No.8495 of 2022 dt.30-01-2026 4/5 Vikas Mission and the decision of Director, Bihar Mahadalit Vikas Mission shall be final. 5. Admittedly, the petitioner has moved earlier before the Director, Bihar Mahadalit Vikas Mission, who has remanded back the matter before the Collector, Bhagalpur, and Collector, Bhagalpur, has decided this case on merit considering all aspects of the matter. 6. In that view of the matter, this Court is of the firm view that the order passed by the Collector, Bhagalpur, is appealable before the Director, Bihar Mahadalit Vikas Mission for considering the merit or demerit of the case. 7. As such, the present writ petition is hereby disposed off directing the petitioner to move before the Bihar Mahadalit Vikas Mission challenging the order of the Collector, Bhagalpur, dated 02.05.2022 according to Clause XII the Vikas Mitra Chayan Margdarshika, which states as follows: “XII. fcgkj egknfyr fodkl fe”ku p;u dh laiw.kZ izfØ;k fcgkj egknfyr fodkl fe”ku ds ekxZn”kZu] i;Zos{k.k esa dk;kZfUor dh tk,xhA p;u izfØ;k lacaf?k vfu;ferrk dh tkWp ftyk inkf/kdkjh@fe”ku ds inkf/kdkjh }kjk dh tk;sxhA ftyk inkf/kdkjh@fe”ku ds inkf/kdkjh leqfpr tkWp dj fu.kZ; ysxsA ftyk inkf/kdkjh@fe”ku ds inkf/kdkjh dh tkWp ds fo:)] Patna High Court CWJC No.8495 of 2022 dt.30-01-2026 5/5 vihy fcgkj egknfyr fodkl fe”ku ds jkT; fe”ku dk;kZy; dks dh tk ldrh gSA fcgkj egknfyr fodkl fe”ku dk fu.kZ; vafre gksxkA uksMy inkf/kdkjh ¼ftyk ifj;kstuk inkf/kdkjh½ losZ{k.k] izkIr vkosnu i=ksa dh lwph] izkIrkad ,oa izfr”kr ds lkFk es/kk lwph] p;fur fodkl fe=ksa dh lwph] fu;kstu i= dh lkW¶VdkWih (Soft Copy)] fcgkj egknfyr fodkl fe”ku dks lefiZr djsaxsA” 8. Director, Bihar Mahadalit Vikas Mission is directed to pass order within 90 days upon filing the appeal, if petitioner prefer the appeal within 30 days from today. The time for 90 days shall be counted from the date of completion of appearance of all concerned. Mkr./- (Dr. Anshuman, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 02.02.2026 Transmission Date