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Patna High CourtCWJC/10652/2018disposed

Kapoora Devi v. The State Of Bihar And ORS

2022-09-05Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 10652 of 2018 ====================================================== Kapoora Devi W/o Birendra Kumar Sinha, Resident of Mohalla- Jhikatiya, P.O.- Cheri, P.S.- M.U. Bodh Gaya, District- Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar through its Director, ICDS, Bihar, Patna 2.

The District Magistrate, Gaya.

3.

The District Programme Officer, Gaya.

4.

The Child Development Project Officer, Bodh Gaya, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Dharmendra Kr Sinha, Advocate For the Respondent/s :

Mr S K Mandal, SC III Ms Neelam Kumari, AC to SC III ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 05-09-2022 Heard learned counsel for the petitioner and the respondents.

Appeal No 7 of 2017 against the order of the District Programme Officer dated 27.04.2017 cancelling the petitioner's selection as Anganwari Sevika is pending consideration before the District Magistrate, Gaya.

Since the matter is yet to be considered by the District Magistrate, Gaya, pendency of the writ petition before this Court would be futile.

The writ petition is disposed of with a direction to the District Magistrate, Gaya (Respondent No 2) to take a final decision on the appeal.

Patna High Court CWJC No.10652 of 2018(2) dt.05-09-2022 2/2 It is submitted by the petitioner's counsel that before the District Magistrate, he would be relying on the decision of this Court in the case of Savita Kumari -Versus- State of Bihar & Others (CWJC No 308 of 2015).

Learned counsel for the petitioner is permitted to place copy of the decision relied upon, along with this order before the District Magistrate, Gaya, within two weeks from today. Thereafter the District Magistrate, Gaya would be required to pass an order on the petitioner's appeal, now pending nearly five years, within four weeks. (Madhuresh Prasad, J) M.E.H./- U