Rani Devi And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12200 of 2016 ======================================================

1. Rani Devi Wife of Naresh Mahto Resident of Village- Bhushallwa, Ward No. 5, P.S Kalyanpur, District - Motihari , East Champaran.

2. Chanchal Kumar Singh Son of Ramasish Singh Resident of VillageBhushallwa, Ward No. 5, P.S Kalyanpur, District - Motihari , East Champaran.

3. Shailendra Singh Son of Vidhyanand Singh Resident of VillageBhushallwa, Ward No. 5, P.S Kalyanpur, District - Motihari , East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna.

3. The Director, I.C.D.S. Govt. of Bihar, Patna.

4. The District Magistrate, Motihari East Champaran.

5. The District Programme Officer, Motihari East Champaran.

6. The Child Development Project Officer, Kalyanpur District Motihari East Champaran.

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

For the Petitioner/s : Mr. Harendra Pd. Singh, Advocate Mr. Santosh Kumar, Advocate For the Respondent State: Mr. Manoj Kumar, AC to GA 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-09-2016 Heard Mr. Harendra Prasad Singh, learned Counsel for the petitioners, and Mr. Manoj Kumar, learned AC to GA 7, appearing for the State respondents.

With the help of this writ petition, made under Article 226 of the Constitution of India, in the form of Public Interest Litigation, the petitioners seek issuance of an appropriate writ

Patna High Court CWJC No.12200 of 2016 (3) dt.20-09-2016 commanding the respondents not to shift the Aanganbari Centre No.42, Bhushaulla, West part, to a new building, which is being constructed near Aanganbari Centre No.41, Bhushaulla, East. It is for the State Government to decide where to locate Anganbari Centre. The guidelines, which have been issued, in this regard, by the State Government, cannot be enforced by invoking extraordinary jurisdiction under Article 226 of the Constitution of India.

In view of the above and in the interest of justice, this writ petition is disposed of with liberty given to the petitioners to approach this Court with appropriate application, in future, if the situation so warrants.

(I.A. Ansari,CJ) (Anjana Mishra, J) A.I./- U