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Patna High Court
Ram Sagar Mahato And Ors vs The State Of Bihar And Ors on 31 January, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13900 of 2014
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1. Ram Sagar Mahato son of Late Ramkishun Mahato, resident of Village-
Simri, P.S.- Vidyapati Nagar, District- Samastipur
2. Mahesh Rai, son of Ramkhelawan Rai, resident of Village- Keola, P.S.-
Dalsinghsarai, District- Samastipur
3. Ram Padarath Choudhary, son of Brijnandan Choudhary, resident of Village
and P.O.- Asinchak, P.S.- Dalsinghsarai, District- Samastipur
4. Dhirendra Kumar Choudhary @ Dharmendra son of Vidyasagar Choudhary,
resident of Village- Bishwashpur, P.O.- Soera, P.S.- Dalsinghsarai, District-
Samastipur
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Secretary Urban Development Department, Patna
3. The Nagar Panchayat Dalsinghsarai, through its Executive Officer, District-
Samastipur
4. The Executive Officer-cum-Executive Magistrate, Dalsinghsarai, District-
Samastipur
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Awadhesh Kr. Pandey, Adv.
Mr.Madhukar Mishra, Adv.
Mr. Awninash Kumar, Adv.
For the Respondent/s : Mr. Raghwendra, SC 22
Mr. Vipin Kumar, Singh, AC to SC22
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 31-01-2026
1. The Writ petition is filed for the
following reliefs:
(a) To issue an
appropriate Writ/Writs, Order/
Orders, direction/ directions
including a Writ in the nature of
Certiorari for quashing the order
dated 29.10.2010, passed by the
Patna High Court CWJC No.13900 of 2014 dt.31-01-2026
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Executive Officer, Nagar
Panchayat, Dalsinghsarai.
(b) To issue an
appropriate Writ/Writs, Order/
Orders, direction/ directions
including a Writ of Mandamus,
directing the authorities to make
payment of arrears as well as
current salary, which without any
valid or cogent reason is not being
made to the petitioners.
(c) To grant other
relief/relief(s) also, if the
petitioners are entitled to.
2. The brief facts, as culled out from the
Writ petition, are that the petitioners were
appointed to the post of Peon on 18.05.1998, and
thereafter, their services were confirmed. The
petitioners have been continuously discharging
their duties, since the date of appointment, and no
disciplinary proceedings are pending against them.
In spite of it, they have been discriminated and
their salaries have not been paid regularly. The
salary of petitioner Nos. 1 and 4 has been due
since January, 2001, while the salary of petitioner
Nos. 2 and 3 has been due since September, 1999.
The petitioners approached the Executive Officer,
Nagar Panchayat, Dalsingsarai, several times for
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payment of their arrears as well as current salary,
but no action was taken. Lastly, the petitioners
again approached the Executive Officer, Nagar
Panchayat, on 16.01.2004. However, their
grievances were still not redressed. Thereafter, the
petitioners filed a Writ petition bearing C.W.J.C. No.
3112 of 2004 before this Court, which was
disposed of on 12.07.2010 with a direction to the
Executive Officer, Nagar Panchayat, Dalsinghsarai,
to pass a reasoned order on the petitioners'
application within three months. In spite of the
direction of this Court, the authority concerned
failed to take any steps. Consequently, the
petitioners filed a contempt petition bearing M.J.C.
No. 311 of 2011 before this Court. During the
pendency of the said contempt petition, the
authority concerned passed an order dated
29.10.2010
, which is arbitrary and illegal. Being
aggrieved by the same, the present Writ petition
was filed.
3. A detailed counter affidavit was filed
by the respondent No. 4. The counter affidavit
Patna High Court CWJC No.13900 of 2014 dt.31-01-2026
disclose that the Writ petition is not maintainable,
as the petitioners have not availed the statutory
remedy of appeal provided under the "Rules
Application to Officers and Servants of
Municipalities and Notified Area Committees." The
Learned counsel for the respondents submitted
that a direction may be given to the petitioners to
prefer an appeal before the appropriate authority
against the impugned order.
4. At this juncture, the Learned counsel
for the petitioners also submitted that the liberty
may be given to the petitioners to prefer an appeal
before the competent authority.
5. Heard the Learned counsel for the
petitioners as well as the Leaned counsel for the
respondents.
6. Having regard to the above made
submissions, the present Writ petition is disposed
of granting liberty to the petitioners to prefer an
appeal before the appropriate authority within a
period of four weeks from date of receipt of this
order. The authority concerned shall pass
Patna High Court CWJC No.13900 of 2014 dt.31-01-2026
appropriate orders within a period of three months
from the date of filing of the appeal.
7. With the aforesaid observations, the Writ
petition stands disposed of.
8. Interlocutory Application(s), if any, shall
also disposed of.
(G. Anupama Chakravarthy, J)
Amandeep/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 31.01.2026
Transmission Date
