Bindeswari Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18708 of 2016 ====================================================== Bindeswari Prasad Son of Late Tika Garai resident of village - Makahdumpur, P.O. -Parthu, P.S. -Ekangarsarai, District - Nalanda. ... ... Petitioner/s

Versus

1.

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

2.

The Commissioner, Welfare Department, Bihar, Patna. 3.

The Director, Social Welfare Department, Bihar, Patna. 4.

The District Magistrate, Nalanda, Biharsharif. 5.

The Sub Divisional Officer, Hilsa, Nalanda.

6.

The Child Development Project Officer, Ekangarsarai, Nalanda, Biharsharif. 7.

The Circle Officer, Ekangarsarai, Nalanda, Biharsharif. 8.

The Circle Inspector, Ekangarsarai, Nalanda, Biharsharif. 9.

The Mukhiya, Parthoo, Gram Panchayat, Ekangarsarai, Nalanda, Biharsharif.

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

For the Petitioner/s :

Mr.Manish Mohan Kateryar,Adv.

For the Respondent/s :

Smt.Kumari Amrita,GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-04-2023 Though the present writ petition has been filed for directing the respondents to construct building of Anganwari Centre No.28, i.e. Makhdumpur Parthoo Anganbari Centre, on the land appertaining to Plot no. 372, Khata no.106 falling within Thana no.115, Block-Ekangar Sarai, District- Nalanda and to restrain the respondents from constructing the building of Anganwari Centre at Plot No.383 falling within Thana No.102 of Ekangar Sarai Block, District-Nalanda, however the

Patna High Court CWJC No.18708 of 2016(2) dt.06-04-2023 2/2 learned counsel for the respondent-State has filed a counter affidavit in the present case, which has been taken on record, wherein a report of the Child Development Project Officer, Ekangar Sarai, District, Nalanda dated 31.03.2016, has been annexed, in which it has been stated that as per the boundary of the mapping area of the Anganwari Centre No. 28, majority area of Ward No. 09 falls within the said centre and 80 per cent of the beneficiaries belong to Ward No. 09, hence building of the Anganwari Centre is being constructed at Ward No. 09.

Having regard to the aforesaid facts and circumstances of the case, this Court finds that the respondent-State has come out with a plausible reason for construction of the aforesaid Anganwari Centre No. 28, within the precincts of Ward No. 09, hence the present writ petition is dismissed being devoid of any merit.

(Mohit Kumar Shah, J) S.Sb/sonalU