Dismissed¶40

Shambhu Kunvar @ Shambhu Kuer v. The State of Bihar

Patna HC8 Jan 2026CWJC/12954/2021

Case brief

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What is this about?

CWJC No.12954 of 2021, Patna High Court, decided 08-01-2026 by Justice Partha Sarthy; dismissed as withdrawn at hearing. Petitioner Shambhu Kunvar @ Shambhu Kuer (Bettiah, West Champaran) versus State of Bihar, Panchayati Raj Department officials, Divisional Commissioner Tirhut, Collector-cum-DM West Champaran, Zila Parishad Bettiah office-bearers, and Sri Ramdeshwar Singh (retired tracer, Niyojit Anurekhak). Subject matter: challenge to re-employment of retired tracer on 11-month contract (memo no. 134, 29.05.2021, Annexure-3) and transfer of Accountant-cum-Head Clerk charge to him (memo no. 135, 02.06.2021, Annexure-5); prayers for certiorari and mandamus; withdrawal sought by counsel Raushan Raj / Sanjeev Kumar (AOR); respondent-side counsel K.P. Gupta (GP-10) and Deepanjali Gupta. No merits decision, no ratio, no precedents cited.

Shambhu Kunvar @ Shambhu Kuer Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12954 of 2021

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Shambhu Kunvar @ Shambhu Kuer S/o Jagannath Kunvar, Resident of Mohalla - Banu Chhapar, Bettiah, P.S. Bettiah Mufassil, District- West Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Bihar, Patna.

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The Chief Secretary, Bihar, Patna.

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The Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna.

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The Additional Chief Secretary, Department of Panchayati Raj, Government of Bihar, Patna.

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The Divisional Commissioner, Tirhut Division, Muzaffarpur.

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The Collector-cum-District Magistrate, West Champaran at Bettiah.

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The Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Bettiah, West Champaran.

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The Working Chairman-cum-Vice Chairman, Zila Parishad, Bettiah, West Champaran.

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Sri Ramdeshwar Singh S/O Late Jagdaban Singh, Resident of Village - Gabandi, P.S.- Kundwa Chainpur, District - East Champaran, at present working as Niyojit Anurekhak, (Retired Anurekhak or Tracer), Zila Parishad, Bettiah, West Champaran.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Raushan Raj, Advocate Mr. Sanjeev Kumar, Advocate For the Respondent/s : Mr. K.P. Gupta, GP- 10 Ms. Deepanjali Gupta, AC to GP- 10

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

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ORAL ORDER

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5 08-01-2026 Heard learned counsel for the parties.

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The petitioner has filed the instant application for

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the following reliefs:

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“ A. For issuance of a writ in the nature of certiorari or any other appropriate writ, or order/s, direction quashing the

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Patna High Court CWJC No.12954 of 2021(5) dt.08-01-2026 2/3

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followings :-

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I. The quash the order dated 29.05.2021 contained in memo no. 134 issued by the respondent no. 7 whereby and whereunder the respondent no. 9 (who has been retired from the post of tracer, from Zila Parishad, Betiah) has been re-employed on contractual basis for 11 months in complete violation of the guidelines of the department in this regard. (Annexure-3)

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II. To quash the order dated 02.06.2021 contained in memo no. 135 issued by the respondent no. 7 directing the respondent no. 9 to take all charges of the post of Accountant-cum-Head Clerk of Zila Parishad and Zila Abhiyanta Karyalaya from the petitioner. (Annexure-5)

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B. For issuance of a writ in the nature of mandamus or any other appropriate writ, or order/s, direction commanding the respondents for the followings:-

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I. To treat the Annexures-3 and 5 to the petition to be nullity and non-est in the eye of law.

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II. To hold that the impugned orders have been passed without following the guidelines prescribed by the department in this regard.

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III. To hold that a permanent

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Patna High Court CWJC No.12954 of 2021(5) dt.08-01-2026

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3/3

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arrangement, under which a permanent employee is working on a permanent vacant post, can not be replaced/substituted by a temporary arrangement.