Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 3912 of 2020 ====================================================== Manju Devi Wife of Sri Upendra Rai, resident of Village- Kodaria Khas, P.O. and P.S.- Paroo, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate cum Collector, Muzaffarpur.

2.

The District Programme Officer, Muzaffarpur.

3.

The Child Development Project Officer, Paroo, Muzaffarpur. 4.

Bhagya Narayan Sahni, Son of Late Maharaj Sahni, resident of VillageKodaria Khas, P.O. and P.S.- Paroo, Muzaffarpur. The Divisional Commissioner, Tirhut Range, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Manoj Kumar, Advocate For the Respondent/s :

Mr S K Mandal, SC III Mr Bipin Kumar, AC to SC III ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 21-09-2022 Petitioner's counsel is permitted to implead Divisional Commissioner, Tirhut Division, Muzaffarpur as Respondent No 5, during course of the day.

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

Petitioner's appeal against the order passed by the Child Development Project Officer cancelling her selection has been pending since 2012. The said fact is not in dispute. It is also not in dispute that this writ petition has been filed before this Court in the year, 2020 raising the pendency of appeal since

Patna High Court CWJC No.3912 of 2020(2) dt.21-09-2022 2/2 2012 and that in between, the Anganwari Sevika/Sahayika Guidelines, 2019 have come into force wherein the final appellate authority has been prescribed as the Divisional Commissioner.

In view of the undisputed facts, taken note of above, this writ petition is disposed of with a direction to Respondent No 1 to forward the petitioner's appeal to the Divisional Commissioner, Tirhut Range, Muzaffapur within two weeks from the date of receipt/production of a copy of this order whereafter the Divisional Commissioner, Tirhut Division, Muzaffarpur shall be obliged to consider the same in accordance with law and dispose it of by a reasoned and speaking order within eight weeks thereafter.

Writ petition is disposed of, with above directions. (Madhuresh Prasad, J) M.E.H./- U