Soni Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 196 of 2019 ====================================================== Soni Kumari, Wife of Abhinash Kumar Das, Resident of Village- Harla Tola, Mahatha, Post Office + Police Station + Block- Laxmipur, District Jamui. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Social Welfare, Government of Bihar, Patna 2.

The Director, I.C.D.S. Bihar, Patna.

3.

The District Magistrate, Jamui.

4.

The District Programme Ofifcer, Jamui.

5.

The Child Development Project Officer, Jamui. 6.

The Circle Officer, Laxmipur, District- Jamui. 7.

Neha Kumari, Wife of Suraj Kumar, Resident of Village- Harla Tala. MahalIa, Post Office + Police Station + Block- Laxmipur, District- Jamui, presently Anganwari Sevika of Centre No 123, Ward No.9, Panchayat HarIa, Block- Laxmipur, District- Jamui.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Arun Kumar, Advocate For the Respondent/s :

Mr Sunil Kumar Mandal, SC 3 with M/s Ravi Ranjan Kr Singh, Bipin Kr, Arjun Pd, ACs to SC 3 ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner and the respondent-State.

Petitioner's counsel submits that appointment of respondent No 7 as Angan Bari Sevika for Center No 123, Block - Laxmipur in the district of Jamui has been challenged by her in Case No 23 of 2018 before the District Programme Officer, Jamui. It is her complaint that till date, no final order

Patna High Court CWJC No.196 of 2019(2) dt.27-06-2019 2/2 has been passed in the said case.

Respondents, in the counter affidavit, have not denied the said case number supplied by the petitioner. However, they have taken a stand that the petitioner is put to strict proof thereof.

Such ambiguous stand of the respondent-State cannot stand in the way of adjudication of petitioner's claim in Case No 23 of 2018, copy of which is Annexure 6 to the writ petition. Writ petition is, therefore, disposed of with a direction to respondent No 4 to take a final decision on the complaint filed by the petitioner bearing Case No 23 of 2018 (Annexure 6 of the writ petition).

The decision should be taken by respondent No 4 after hearing the parties concerned expeditiously, in accordance with law and by a reasoned and speaking order. (Madhuresh Prasad, J) M.E.H./- U