Atma Ram Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Atma Ram Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without adjudication on merits; petitioner permitted to file a fresh representation with a copy of the order before respondent No.4, the District Magistrate, Madhepura, within 30 days, and the District Magistrate directed to consider it and pass a reasoned and speaking order in accordance with law within 90 days thereafter.

Issue for consideration

Whether a writ in the nature of mandamus should issue commanding the respondents to take steps for engagement of the petitioner as Dalpati in Gram Panchayat Madhuban, Uda-Kishunganj Prakhand, Madhepura, on the strength of the village committee's recommendation dated 27.04.1993, and restraining the respondents from unsettling him from that work. +1 more

Ratio / Principle

Without entering into the merits or demerits of the case, the Court disposed of the writ petition with a direction to the petitioner to avail his remedy by filing a fresh representation, along with a copy of the order, before respondent No.4, the District Magistrate, Madhepura, within 30 days, raising all his grievances.

Key takeaways

Upon receipt of such fresh representation, respondent No.4, the District Magistrate, Madhepura, shall consider the same.ratio¶23
The District Magistrate, Madhepura shall pass a reasoned and speaking order in accordance with law within a period of 90 days of receipt of the representation (the 90-day limitation appears in the immediately following paragraph 26).ratio¶25

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.), by oral judgment dated 14-05-2026 in Civil Writ Jurisdiction Case No.7367 of 2026, disposed of a petition by Atma Ram seeking a writ of mandamus to engage and continue him as Dalpati in Gram Panchayat Madhuban, Uda-Kishunganj Prakhand, Madhepura, pursuant to a village committee recommendation made under the Mukhiya's chairmanship on 27.04.1993, and to restrain the respondents from unsettling him. Noting that no decision had been taken on the petitioner's representation and without entering into the merits or demerits of the case, the Court directed the petitioner to file a fresh representation raising all grievances, with a copy of the order, before the District Magistrate, Madhepura within 30 days; upon receipt, the District Magistrate was directed to consider it and pass a reasoned and speaking order in accordance with law within 90 days thereafter.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7367 of 2026

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Atma Ram Son of Late Nena Ram, resident of village- Hereli Sonavarsha, ward no. 1, Police-Station-Uda-Kishunganj, District- Madhepura.

... ... Petitioner/s

Versus

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

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

The Director, Department of Panchayati Raj, Government of Bihar, Patna.

The District Magistrate, Madhepura.

The District Panchayat Raj Officer, Madhepura.

The Sub-Divisional Officer, Uda-Kishunganj, District Madhepura.

The Block Development Officer, Uda-Kishunganj, District Madhepura.

... ... Respondent/s

======================================================

Appearance : For the Petitioner/s : Mr. Ranjit Kumar Singh, Advocate For the Respondent/s : Mr. Mahendra Prasad Verma, AC to SC-20 ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 14-05-2026

Heard learned Counsel for the petitioner and learned Counsel for the State.

Learned counsel for the petitioner submits that the present writ petition has been filed for issuance of an appropriate writ in the nature of Mandamus commanding the respondents to take appropriate steps for engagement of petitioner as Dalpati in the Gram Panchayat, Madhuban within

Patna High Court CWJC No.7367 of 2026 dt.14-05-2026 2/3

Uda-Kishunganj Prakhand of Madhepura district, who has been approved and recommended by the village committee headed by the Mukhiya of the Gram Panchayat way back on 27.04.1993 and continuing as such to serve the Gram Raksha Dal and further restrain the respondents not to unsettle the petitioner from the work of Dalpati who is rendering his services regularly. Counsel submits that in this regard he has submitted his representation but on his representation no decision has been taken till date.

Learned Counsel for the State, on the other hand, raised preliminary objection and submits that there is no receiving on his representation only date is there but where his representation was submitted or sent or received is not indicating.

In this view of the matter, this Court, without entering into the merits or demerits of the case, disposes off the present writ petition with a direction to the petitioner to avail his remedy by filing a fresh representation along with this order before respondent No.4, the District Magistrate, Madhepura, within a period of 30 days from today, raising all his grievances. Upon receipt of such representation, respondent No.4, the District Magistrate, Madhepura, shall consider the same and

Patna High Court CWJC No.7367 of 2026 dt.14-05-2026 3/3

pass a reasoned and speaking order in accordance with law

within a period of 90 days thereafter.

(Dr. Anshuman, J)

Mkr./Bipin/-

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	16.05.2026
Transmission Date